General Terms and Conditions | GTC
(Right of withdrawal see § 6 and § 7)
We point out that the EU Commission provides a platform for online dispute resolution (OS platform) at https://ec.europa.eu/. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 1 General
1. if the customer decides within the ordering process for the shipment of one or more products to a delivery address specified by him or for a product available via data download (eMagazine), a contract is concluded with Maier Media GmbH, 85774 Unterfoehring, Feringastraße 4 (hereinafter referred to as “Seller”).
(3) For all contracts between the seller and the customer (i.e. for shipping and for products available via data download), these General Terms and Conditions shall apply exclusively. The Seller does not recognize any deviating terms and conditions of the Customer, unless the Seller has agreed to their validity in writing.
These General Terms and Conditions shall not apply to contracts between the Seller and the Customer upon collection of one or more Products. There, any other general terms and conditions of the seller may become the subject of the contract.
§ 2 Conclusion of contract
1. the conclusion of the contract with the customer takes place:
a) in the case of an order for at least one product, by the customer sending the order entered by him in the online store to the seller by selecting the button “Buy now with costs” as an offer to conclude a purchase contract and the seller then accepts the offer of the customer by delivery within a reasonable time.
b) in the case of products delivered by data download, by the customer sending the seller an offer to conclude a contract and the seller then accepting the customer’s offer by providing the eMagazine or other files in the online store. 2.
The Seller reserves the right not to accept the respective offer, in particular in the event that the online store contains typographical, printing or calculation errors that have become the basis of the Customer’s offer, and in the event of price adjustments in the meantime.
The language available for the conclusion of the contract is German. The text of the contract (general terms and conditions with individual order data of the customer) will not be stored by the seller after the conclusion of the contract, and is therefore not accessible to the customer.
§ 3 Delivery of the goods / provision for downloading
1. the handing over of the commodity takes place by supply to the ship-to-address indicated by the customer. Any shipping costs incurred as a result will be displayed to the customer in the online store before the order is completed. For deliveries to foreign countries, the customer has to pay any additional taxes and customs duties.
2. the eMagazine is available for data download after the purchase of the right of use.
3. the possibility to download eMagazine and audio files again is a voluntary service of the seller, which the seller can terminate at any time. The seller therefore reserves the right to change, interrupt or discontinue the option to re-download eMagazines and audio files at any time, temporarily or permanently, and to delete individual eMagazines and audio files. This applies in particular in the event of good cause for removal of the eMagazine or audio file, in particular in the event of disputes regarding any infringement of rights by the content of the eMagazine or audio file. For clarification: the possibility of deletion does not apply to eMagazines and audio files that are already stored on a separate storage location at the customer’s, e.g. his PC, laptop, etc., after the customer has downloaded them. The customer’s warranty claims pursuant to § 10 shall remain unaffected by this provision. 4.
4. the customer may not misuse a possible exchange of electronic messages for the unsolicited sending of messages or information to third parties (spamming).
§ 4 Prices, terms of payment, retention of title
(1) All prices stated in the online store are inclusive of VAT as required by law.
2. the customer has the choice between the payment methods offered during the ordering process. If the customer chooses the direct debit procedure offered to him, he must issue the necessary SEPA direct debit mandate and ensure sufficient coverage of the bank account at the due date. In the case of orders executed by direct debit, the customer will receive an advance notification (prenotification) of the impending debit of the bank account in the invoice sent by e-mail. The prenotification shall be made in good time so that there are three bank working days between it and the debit. In the event that a direct debit is returned or not honored, the customer irrevocably authorizes the bank, upon conclusion of the contract, to inform the seller of his name and current address. Processing fees for the unauthorized return or non-payment of a direct debit, which are charged to the seller by the customer’s bank, are to be reimbursed by the customer plus a processing fee of EUR 9.00. 3.
3. goods delivered to the customer within the framework of the shipping option remain the property of the seller until they are paid in full.
4. offsetting by the customer is only permitted if his claim is undisputed or legally established.
§ 5 Conditions of use of eMagazines and audio files
1 The seller does not provide the customer with ownership of eMagazines and audio files. The customer acquires a simple, non-transferable right to use the offered title for personal use, which is revocable before full payment of the agreed remuneration.
The content of eMagazines and audio files may not be changed by the customer in terms of content or editing, subject to deviating mandatory legal regulations. 3.
3. a passing on is inadmissible, likewise their public making accessible and/or forwarding, their against payment or free of charge adjusting in the Internet or in other net media, their resale and/or each other kind of their use for commercial purposes.
§ 6 Right of withdrawal for goods
In the case of contracts for the delivery of goods, the customer has the following right of revocation:
– Cancellation policy –
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day
– on which you or a third party named by you, who is not the carrier, have taken possession of the goods or have taken possession of the goods if you have ordered one or more goods as part of a uniform order and the goods or goods are delivered uniformly;
– on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, if you have ordered several goods as part of a single order and the goods are delivered separately; – on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece, if you have ordered goods that are delivered in several partial shipments or pieces;
If there is more than one of the above alternatives, the withdrawal period shall not begin to run until you or a third party named by you, who is not the carrier, have taken possession of the last goods or the last partial shipment or the last piece.
To exercise your right of withdrawal, you must send us (Maier Media GmbH, 85774 Unterfoehring, Feringastraße 4, FAX: +49 89 93933450, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must refund all payments we have received from you, with the exception of delivery costs, without delay and at the latest 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 may refuse repayment until we have received the goods back intact.
You must return or hand over the goods to us at your own expense without delay 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. We will NOT bear the costs of returning the goods.
You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. Print magazines that have already been looked through and show signs of use will not be refunded.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose manufacture 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 expires prematurely for contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To: Maier Media GmbH, Feringastraße 4, 85774 Unterfoehring, FAX: +49 89 93933450,
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (only in case of paper communication)
(*) Delete as applicable.
§ 7 Right of cancellation for data downloads
In the case of contracts for the delivery of data downloads (digital content not on a physical data carrier), the customer has no right of revocation, since after a data download the data is immediately and unrestrictedly available to the buyer and a “not use” cannot be proven.
§ 8 Warranty and liability
1. subject to the following paragraphs 2 to 4, the customer is entitled to the statutory warranty claims.
2. claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. 3.
(3) In the event of a breach of material contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims of the Customer are based on injury to life, body or health.
4. the restrictions of paragraphs 2 and 3 shall also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
The provisions of the Product Liability Act shall remain unaffected, as shall any claims arising from a guarantee given by the Seller or a third party for the quality of the item or that the item will retain a certain quality for a certain period of time.
§ 9 Miscellaneous
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Munich. This shall not affect the mandatory provisions of the state in which the customer has his habitual residence. The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Maier Media GmbH
(GTC, as of 01.01.2021)