contents

1. scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of usage rights for digital content
7. Granting of usage rights for license keys
8. Contract duration and contract termination for subscription contracts
9. Retention of title
10. Liability for defects (warranty)
11. Special conditions for the processing of goods according to certain specifications of the customer
12. Special conditions for assembly / installation work
13. Special conditions for repair services
14. Applicable Law
15. Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter “GTC”) of MediakingGmbH (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) with the seller with regard to the seller in his online -Shop completes the goods shown. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated.

1.3 Für Verträge über die Lieferung von Lizenzschlüsseln gelten diese AGB entsprechend, sofern insoweit nicht ausdrücklich etwas Abweichendes geregelt ist. Dabei schuldet der Verkäufer die Überlassung eines Lizenzschlüssels zur Nutzung der von ihm beschriebenen Software bzw. Inhalte sowie die Einräumung der vertraglich vereinbarten Rechte zur Nutzung der jeweiligen Software bzw. Inhalte. Der Kunde erwirbt kein geistiges Eigentum an der Software bzw. an den Inhalten. Für die Beschaffenheit der Software bzw. Inhalte ist die jeweilige Produktbeschreibung im Online-Shop des Verkäufers maßgeblich.

1.4 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

1.5 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier that is produced in digital form and provided by the seller with the granting of certain rights of use regulated more precisely in these terms and conditions.

1.6 The subject matter of the contract can – depending on the seller’s product description – be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by phone, email or online contact form.

2.3 The seller can accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by asking the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller’s online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.5 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 Order processing and contact are usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.

3) right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of cancellation can be found in the seller’s cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

4.2 The payment option (s) will be communicated to the customer in the seller’s online shop.

4.3 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.

4.4 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for prior information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution as a result of the reversal,if he is responsible for this.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.

5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller’s headquarters after consultation with the seller. In this case, no shipping costs will be charged.

5.4 Digital content is provided to the customer exclusively in electronic form as follows:

• by download
• by email

5.5 License keys are given to the customer as follows:

• by download
• by email
• via display on the screen

6) Granting of usage rights for digital content

6.1 Unless otherwise stated in the description of the content in the seller’s online shop, the seller grants the customer the non-exclusive, spatially and temporally unlimited right to use the provided content for private and business purposes.

6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to the transfer of the contractual license to the third party.

6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used before this point in time. A transfer of rights does not take place through such a provisional permit.

7) Granting of usage rights for license keys

7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described there.

7.2 The granting of rights only becomes effective when the customer has paid the remuneration owed in full.

8) Contract duration and contract termination for subscription contracts

8.1 Subscription contracts are concluded for an unlimited period and can be canceled by the customer at any time with a notice period of 14 days.

8.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties.

8.3 Cancellations must be made in writing or in text form (e.g. by email).

9) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

10) liability for defects (warranty)

10.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

10.2 The following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply

• for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the seller has fraudulently concealed the defect.

10.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

11) Special conditions for the processing of goods according to certain specifications of the customer

11.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer has to the seller all the content required for the processing such as texts, images or graphics in the file formats, formatting, images specified by the seller – and file sizes available and grant him the necessary usage rights. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no third party rights are violated, in particular copyrights, trademarks and personal rights.

11.2 The customer exempts the seller from claims by third parties that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer’s content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.

11.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against morality. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangering youth and / or glorifies violence.

12) Special conditions for assembly / installation services

If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the assembly or installation of the goods to the customer and, if necessary, corresponding preparatory measures (e.g. measurement), the following applies:

12.1 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to select a specific person to carry out the desired service.

12.2 The customer must provide the seller with the information required for the provision of the owed service completely and truthfully, provided that the provision of this information does not fall within the seller’s scope of duties according to the content of the contract.

12.3 After the conclusion of the contract, the seller will contact the customer in order to agree an appointment with the customer for the service owed. The customer ensures that the seller or the personnel commissioned by him has access to the customer’s facilities at the agreed time.

12.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work is completed and the goods are handed over to the customer.

13) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:

13.1 Repair services are provided at the seller’s headquarters.

13.2 The seller provides his services at his own discretion or through qualified personnel selected by him. The seller can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the seller’s service description, the customer is not entitled to select a specific person to perform the desired service.

13.3 The customer must provide the seller with all information necessary for the repair of the item, provided that its procurement does not fall within the seller’s scope of duties according to the content of the contract. In particular, the customer must provide the seller with a comprehensive description of the error and inform him of all the circumstances that could be the cause of the error found.

13.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller’s registered office at his own risk and expense. The seller recommends that the customer take out transport insurance. The seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packaging. The seller will inform the customer immediately about obvious transport damage so that he can assert his existing rights against the carrier.

13.5 The goods are returned at the customer’s expense. The risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller’s place of business. At the customer’s request, the seller will take out transport insurance for the item.

13.6 The customer can also bring the item to be repaired to the seller’s headquarters and pick it up again if this results from the seller’s service description or if the parties have made a corresponding agreement on this. In this case, the above provisions on the assumption of costs and risk for dispatch and return of the item apply accordingly.

13.7 The aforementioned regulations do not limit the customer’s statutory rights to defects in the event that goods are purchased from the seller.

13.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

14) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

15) Alternative dispute resolution

15.1 The EU Commission provides a platform for online dispute resolution under the following link:  https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

15.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.