GENERAL TERMS AND CONDITIONS

1. general - scope of application

The following General Terms and Conditions apply to all business relationships of the company medienkraftwerk GmbH, registered office: D-53881 Euskirchen, Register Court Bonn. HRB 11870, Managing Director: Markus Maier-Schambeck, hereinafter referred to as the Contractor, via the website www.medienkraftwerk.de and its language versions. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed. The version valid at the time the contract is concluded shall apply.

2. information on the accessibility of the contractual provisions

We save the text of the contract and send you the order data by e-mail. You can save this e-mail on your computer so that you can access the data at any time. You can also view your personal data, your order data and your invoices at any time in your customer account (My user account). You can find the current General Terms and Conditions (GTC), including the cancellation policy, in our online store at any time. The GTC will also be sent to you in text form by e-mail.

3. conclusion of contract

1. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the button "order with obligation to pay" you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days.
2. In the case of orders with delivery to third parties, the customer shall be deemed to be the principal. If the delivery is made to third parties for their benefit or if the recipient of the delivery is enriched in any other way by taking possession and further use of the delivery, the orderer and recipient of the delivery shall be deemed to be joint principals. By placing such an order, the customer tacitly assures that he has given his consent to this.
3. In the case of orders for the account of third parties - irrespective of whether in one's own name or in the name of a third party - the orderer and invoice recipient shall be deemed to be joint principals. A subsequent change of invoice to another invoice recipient at the request of the customer after invoicing has already taken place means the tacit assumption of debt by this invoice recipient. By placing such an order, the customer tacitly assures that the invoice recipient has given his consent.
4. medienkraftwerk GmbH will not process print orders if
   • the content of the print product or the fulfillment of the print order would violate applicable criminal laws or could be punished as an administrative offense;
   • the printed material obviously pursues racist, xenophobic, violence-glorifying, radical or otherwise anti-constitutional aims;
   • the content of the printed material would be sexist in nature; or
   • the printed product would disregard general ethical values or would be classified as immoral for other reasons.

   medienkraftwerk GmbH reserves the right to permanently block customer accounts if such print orders are repeatedly tendered.

5. medienkraftwerk GmbH does not require a minimum order value.
6. You have the option of concluding the purchase contract in German.

4. information on the right of withdrawal

Consumers have a fourteen-day right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (medienkraftwerk GmbH, Felix-Wankel-Str. 13-15, 53881, Euskirchen, info@medienkraftwerk.de, +49 (0) 2251 - 1489 - 0, +49 (0) 2251 - 1489 - 77) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the 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 type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment 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 immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods, which can be returned normally by mail. We shall bear the costs of returning the goods which, due to their nature, cannot be returned normally by post. You only have to pay for any loss in value of the goods if this loss in value is due to your handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal does not apply to consumers who have their domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery outside a member state of the European Union (EU) or the European Economic Area (EEA) and do not belong to any of these member states.

Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us)- To medienkraftwerk GmbH, Felix-Wankel-Straße 13-15 , 53881 Euskirchen, info@medienkraftwerk.de, Germany, Fax: +49 (0) 2251 - 1489 - 77

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of notification on paper)

- Date

(*) Delete as applicable.

 

5 Delivery, transfer of risk

1. The production and delivery times for order completion stated in the online store www.medienkraftwerk.de correspond to the current planning status. The specified working days are Monday to Friday, NOT Saturday, Sunday and public holidays.
2. In all cases of force majeure, the delivery period shall be extended by the period during which the obstacle exists. Force majeure includes, in particular, strikes, operational disruptions - especially disruptions in data lines - insofar as these obstacles can be proven to have a significant influence on the delivery of the goods. This also applies if the hindrance occurs at one of the contractor's contractual partners. The Contractor shall not be responsible for the aforementioned circumstances even if they occur during the Contractor's existing delay.
3. Should there be a delay in delivery due to production disruptions contrary to the delivery times stated in the online store, medienkraftwerk GmbH will contact you immediately.
4. The choice of shipping service provider is the responsibility of medienkraftwerk GmbH and cannot be influenced by the client. Delivery is made to the curb. Shipments are handed over to persons who can be found at the recipient's address.
5. The Saturday delivery option is not a guarantee of delivery on Saturday. Only the possibility of a delivery attempt on Saturday is taken. A refund of the Saturday delivery surcharge cannot be claimed in the event of an unsuccessful Saturday delivery.

6. payment

1. 1. The prices stated on the website are subject to the proviso that the order data on which the customer's offer is based remain unchanged.
   2. If a consignment of goods is sent to the customer a second time at the customer's request for reasons for which the customer is responsible, the customer shall bear the costs incurred for this. If the customer is an entrepreneur based in the EU outside Germany and has a valid VAT ID number, the invoice shall be issued without VAT being shown. If the delivery was treated as tax-free due to an incorrect VAT ID number and this was based on incorrect information provided by the customer, which the contractor was unable to recognize even when exercising the due care of a prudent businessman, the contractor shall be liable for the lost tax. If the customer is an entrepreneur based in a non-EU country, the invoice shall be issued without showing VAT.
   3. The information provided by the customer (= contractual partner) is decisive for claiming a VAT-exempt export delivery. The ordering party must fulfill the personal requirements for this tax exemption. medienkraftwerk GmbH cannot take into account any subsequent persons (recipients or forwarding parties other than the customer) with regard to the tax exemption.
   4. Additional costs:
      • Shipping costs can be found in the respective country-specific shipping information under shipping costs.
      • You can find any fees for different payment methods under Payment methods.
      • We inform you about additional costs for deliveries to countries outside the European Economic Area under Shipping costs.
   5. The payment methods specified to the customer during the order process shall apply.
   6. The prices at the time of ordering apply. Special promotions will not be applied retrospectively.
   7. In the event of non-acceptance of the goods, the customer shall be in default of payment, unless a consumer exercises the statutory right of withdrawal to which he is entitled.

Should an entrepreneur fall into arrears, we reserve the right to prove and claim interest on arrears.

1. If the fulfillment of the payment claim is jeopardized due to a deterioration in the financial circumstances of the customer that has occurred or become known after conclusion of the contract, the contractor may demand advance payment and immediate payment of all outstanding invoices, including those not yet due, retain goods not yet delivered and cease further work on current orders. The Contractor shall also be entitled to these rights if the Customer fails to make payment despite a reminder giving rise to default.

7. invoicing

The invoice is sent in electronic form by e-mail in PDF format or by post in paper form. According to Section 14b (1) sentence 5 UStG, invoices in the private sector must be stored for 2 years if they contain services in connection with a property.

8. reservation of title

Until all claims, including all current account balance claims, to which the Supplier is entitled against the Customer now or in the future within the framework of an ongoing business relationship for any legal reason, have been satisfied, the Supplier shall be granted the following securities, which it shall release at its discretion upon request, insofar as their value exceeds the claims by more than 10 % on a sustained basis. Deliveries remain the property of the supplier. Processing or transformation shall be carried out for the supplier as manufacturer, without any obligation arising therefrom. If the (co-)ownership of the Supplier expires due to combination, mixing, processing or transformation, it is hereby agreed that the (co-)ownership of the Customer shall be transferred to the Supplier in proportion to the value (invoice value). The Customer shall store the Supplier's (joint) property free of charge.

Goods that are (co-)owned by the supplier are hereinafter referred to as reserved goods. Pledging and transfer by way of security of goods subject to retention of title are not permitted. If the Customer transfers the expectant right to which it is entitled to goods subject to retention of title and acquires a claim in return, it hereby assigns this claim, including all current account balance claims, in full to the Supplier. As long as the customer duly meets his payment obligations, he is irrevocably authorized to collect the claims assigned to the supplier in his own name and for his own account. In the event of access by third parties to goods subject to retention of title, the Customer shall draw attention to the Supplier's ownership and inform the Supplier immediately. The same applies to claims.

9. warranty

1. The client must check the conformity of the delivered data and, if applicable, the preliminary and intermediate products sent for correction with the data provided in each case.
2. The customer (entrepreneur) must notify us in writing of complaints due to obvious defects within one week of receipt of the goods; otherwise the assertion of the warranty claim for the entrepreneur is excluded. Timely dispatch shall suffice to meet the deadline. Hidden defects which could not be detected at this time after the immediate inspection of the goods incumbent on the entrepreneur must also be reported in writing within 4 weeks after the goods have left the warehouse.
3. In the event of justified complaints, consumers have the choice of whether subsequent performance is to take the form of rectification or replacement delivery. The limitation period for statutory claims for defects is 2 years and begins on the date of delivery, i.e. receipt of the item by the buyer. We are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance is without significant disadvantages for the consumer. In the case of entrepreneurs, we shall initially provide warranty for defects in the goods at our discretion by repair or replacement. In any case, subsequent performance shall be limited to the amount of the order value. The same applies in the event of a justified complaint about the repair or replacement delivery. However, in the event of delayed, omitted or unsuccessful rectification or replacement delivery, the customer may withdraw from the contract. Liability for consequential damages is excluded.
4. Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery, unless the partial delivery is of no interest to the customer.
5. The Contractor shall only be liable for deviations in the quality of the material used up to the amount of its own claims against the respective supplier. In such a case, the Contractor shall be released from its liability if it assigns its claims against the suppliers to the Customer. The Contractor shall be liable as a guarantor if claims against the supplier do not exist due to the Contractor's fault or if such claims cannot be enforced.
6. If the data provided by the customer does not correspond to the specifications of medienkraftwerk GmbH, the guidelines of the data requirements apply.
7. Excess or short deliveries of up to 5% of the ordered quantity may be possible under certain circumstances due to the printing process.

10. liability for damages

1. If the Contractor ships the goods to a place other than the place of performance at the request of the Client, the risk shall pass to the Client as soon as the Contractor has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. This shall not apply if the Client is a consumer.
2. Subject to the following provisions, claims for damages by the customer are excluded if the damage was not caused by intent or gross negligence. This also applies to slightly negligent breaches of duty by our vicarious agents.
3. The above exemption from liability shall not apply if we have negligently breached a material contractual obligation; in this case, however, our obligation to pay compensation shall be limited to the foreseeable damage typical of the contract. In particular, the Contractor shall not be liable for lost business profits or lost savings. This also applies to all damages caused by our employees, representatives and vicarious agents. As soon as the goods have been handed over to the shipping service provider, at the latest when they leave our company premises, the client shall bear the risk for the goods, unless the client is a consumer. The risk shall also pass to the customer in the case of carriage paid and free domicile deliveries, unless the customer is a consumer. Any consignment with external damage shall only be accepted by the customer if the carrier/freight forwarder has ascertained the damage.
4. We will treat all templates handed over to us with care. We only accept liability for damage or loss up to the value of the material. Further claims of any kind are excluded.
5. When you order a data check, we check your print data for resolution, bleed, data format and font embedding. We accept no liability for spelling and typesetting errors, color reproduction or problems caused by exceeding the maximum ink coverage of 300%.
6. We shall not be liable for errors caused by order documents, drafts, sketches, materials, etc. submitted by the client, nor shall we be liable for errors not recognized by the client in proofs and not reported in good time, even if proofreading has been agreed and this is paid for separately. If the sending of a proof is not expressly requested, the client shall be liable in all cases.

11. liability

The printed matter and electronic publications are produced on the basis of the customer's content specifications. For this reason, the customer is liable to medienkraftwerk GmbH for the fact that he is fully authorized to use, pass on and distribute all data or templates provided, including texts and images. The customer is also liable for ensuring that the production of the printed matter commissioned by him does not infringe any industrial property rights or copyrights of third parties and that its content does not violate competition law regulations or offend common decency.

12. rights and claims of third parties

The customer undertakes to use all products delivered and services rendered by medienkraftwerk GmbH only in such a way that no rights of third parties are impaired or infringed. Otherwise, the customer is obliged to indemnify medienkraftwerk GmbH from all resulting claims of third parties.

13. advertising

With the client's consent, we may refer to us in a suitable manner on printed matter. Consent by the client can only be refused if the client has an overriding interest in this.

14. print data transmission and archiving

Insofar as print data is transmitted by the customer and client, regardless of the means used, in particular also in the case of electronic transmission of the print data and data carrier exchange, the contractor shall not assume any liability for the transmission or for the safekeeping of the print data.
Print data shall not be archived by the Contractor. The Contractor shall not provide any compensation for lost data; if data has to be researched or restored, this shall be the responsibility of the Client.

 

15. privacy policy

The detailed privacy policy can be found under Data Protection.

16 Applicable law, place of performance, place of jurisdiction

The law of the Federal Republic of Germany shall apply, unless the application of German law is excluded due to mandatory standards. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. For contracts with merchants, legal entities under public law or special funds under public law, the exclusive place of performance and jurisdiction shall be the Contractor's place of business (D-53881 Euskirchen).
If the private end consumer is not domiciled within the European Union, our place of business shall be the place of jurisdiction.
In dealings with end consumers within the European Union, the law of the end consumer's place of residence may also be applicable, insofar as consumer law provisions are mandatory.

17 Copyright

All news, graphics and the layout of the contractor's website are intended solely for the information of our customers. Use is at your own risk. All data on this website is protected by copyright; copying and printing of the entire website is only permitted for the purpose of placing an order with this company. Any further processing, duplication, distribution and/or public reproduction exceeds the usual use and constitutes an infringement of copyright, which will be prosecuted and will result in compensation for damages. All other trademarks, product names and company names or logos cited on our website are the sole property of their respective owners. All rights reserved.

18th Packaging Ordinance

With regard to the sales packaging that we fill with goods for the first time and deliver to private end consumers, our company has joined the nationwide take-back system of Landbell AG, Mainz, (customer number: 4147216) to ensure that we fulfill our legal obligations in accordance with § 6 VerpackV. Further information can be found on the Landbell AG website.

19. dispute resolution

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 willing to participate in a dispute resolution procedure before a consumer arbitration board.

medienkraftwerk GmbH