General Terms & Conditions of the United Kiosk AG for Offers made in the Webshop

Transcription

1 General Terms & Conditions of the United Kiosk AG for Offers made in the Webshop 1 Area of Application 1. These General Terms and Conditions (hereinafter referred to as: GTC ) apply and subject to provision 2 para. 3 for all contracts concluded over the Online-Shop, wherever the GTC are published (hereinafter referred to as: Webshop ). Contracts unless not regulated in the following are concluded with the United Kiosk AG CAS-Weg Karlsruhe Germany Executive Board: Martin Hubschneider, Ulla Strauß AG Mannheim HRB (hereinafter referred to as "United Kiosk"). These GTC apply irrespective of whether the customer is a consumer, businessperson or merchant. 2. Deviant conditions of the customer will not be accepted. This also applies, if United Kiosk does not directly object to their inclusion. 3. Decisive is the respective valid version of the GTC at the time of contract conclusion. United Kiosk reserves the right to occasionally change the GTC for the just and reasonable purposes by taking the United Kiosk s customers interests into consideration. Such changes towards customers, whom already have continuing obligations (e.g. current subscription contracts) become effective under the following conditions: (a) United Kiosk shall notify the customer in writing of any changes at least six weeks before the time of change ( is sufficient); (b) In the written notification, United Kiosk points out that the changes shall take effect, should the client not object in text form before the specified time of change takes place; and (c) at United Kiosk, no written objection in text form is received from the customer within that time of notice. 2 Service Offer 1. The Webshop s offer includes a. The sales of single printed issues of newspapers, periodicals and magazines (hereinafter referred to as printed issue, b. Subscriptions of printed issues of newspapers, periodicals and magazines (hereinafter referred to as: print-subscription ) and c. the availability von newspapers, periodicals, magazines or other content in digital form as downloadable (1) single issues (hereinafter referred to as: epaper-download ), (2) single pages of a single issue (hereinafter referred to as selected by the customer for downloading the current digital issue in subscription (hereinafter referred to as: "epaper-single Pages") or as a recurring digital issues (hereinafter referred to as: esubscription ). 2. During the sales of single printed issues and print-subscriptions, the contract will be concluded with United Kiosk or the company named and shown to the customer in the order form before the customer sends the order as the provider (hereinafter referred to

2 as: Third Party Provider ). Such contracts will be carried out by United Kiosk on behalf of third party providers. 3. In the event of contract conclusion with a Third Party Provider, the terms and conditions of the Third Party Provider apply; these GTC only apply to the extent that this is subsequently and explicitly regulated and no deviant provisions are included in the terms and conditions of the Third Party Provider. 3 Conclusion of Contract 1. The Webshop is a non-binding catalog and does not represent a binding product offer. 2. Via the Webshop and by clicking on the Purchase Order button, the customer sends the order to United Kiosk or a Third Party Provider and thus, executes the transmission of a legally binding order. 3. United Kiosk will immediately acknowledge by the receipt of the customer s purchase order received via the Webshop. An order confirmation is not a binding acceptance of order, unless the confirmation contains/includes the acceptance of order. 4. United Kiosk can accept the order by sending an order confirmation via within two days or as implied by delivering the goods respectively (in the case of digital contents) through activation of the ordered digital con-tent and transmission of the corresponding activation code or the request to make payment, to allow direct debit or receipt of payments made. 4 Delivery of Books and Magazines (Print) 1. United Kiosk delivers printed issues as single-issues or subscriptions to the delivery addressed denoted by the customer. Should the ordered title be undeliverable abroad, this fact will be explicitly displayed to the customer within the order form and before the customer transmits said order 2. Before an order is sent to the delivery address provided by the customer, the approximate delivery date for the selected printed issue. in the case of an esubscription - the initial issue of a subscription will be displayed in the order form. Displayed delivery dates are always approximate times. Delivery dates shall not begin in cases denoted in para 3 before payment of goods including shipping costs have been received. 3. The delivery of printed issues shall take place after payment has been made for the costs of the issue including shipping fees. In the event of print-subscriptions, shipping takes place after payment of the subscription fee ( 8 para. 4) for the respective billing period plus shipping costs have been received. 5 Provision of Digital Content; Library 1. United Kiosk provides and makes available the digital content as an epaper-download, epaper Single Pages or esubscription and sends the customer an activation code. With the provision of and making the activation code available, the risk is transferred to the customer. 2. With the initial provision of digital content and transmission of the activation code, the United Kiosk automatically sets up a personal user account (hereinafter referred to as: Library ). To download the digital content provided, the customers must register themselves with their personal passwords. The customer must keep secret the activation code and password and not pass either to any third party. The entry of additional information, e.g. concerning personal interests is voluntary; such information

3 is only used by United Kiosk as described in the data protection declaration. Via the library, the customers can download digital content in their esubscription or single orders and as far as it is available, review their ordering histories or manage their esubscriptions. The use of the library is free of charge for the customer. United Kiosk is entitled to completely or partially delete provided information and content at any time; the United Kiosk s obligation to provide the customer purchased digital content according to the contract remains unaffected. United Kiosk is also entitled to deactivate a library if no current esubscription exists and more than one month has passed after provision of the last ordered digital content. 3. The customer will immediately download the digital content made available and protect against data loss by storing the content according to the state of technology. Regardless thereof, United Kiosk will hold provided digital content available for one month from the date of provision to the customer for the purpose of downloading. If necessary, an extended provision takes place on a voluntary basis and can and may be discontinued at any time without prior notice. 4. United Kiosk will activate the access only after remuneration of the purchase price of the epaper-download. For esubscriptions, activation will take place after payment of the subscription fee ( 8 para. 4) for the respective billing period. 6 Rights of Use of Digital Contents 1. The digital contents provided by United Kiosk are protected by copyright. The customer is entitled to use such digital contents only with the proviso of the following provisions and compulsory legal limitations of the applicable copyright laws. 2. The Rights of Use include, insofar that no other agreements have been made, the right to download digital content, to simultaneously store said digital content also for back-up purposes on a normal and suitable number of computers of mobile data carriers where they may be used for one s private purposes without any time limit. 3. Without previous written consent from United Kiosk, the customer is not permitted to convey, transmit or publicize the digital content, in any form whatsoever, to third parties or to duplicate the digital content beyond the extent permitted in para. 3 and 2; with exception that it is permitted based on the compulsory legal limitations of the applicable copyright laws. 4. Without previous written consent from United Kiosk, the customer is not permitted to transfer the Rights of Use of the digital content or grant sub-licenses for the digital content to third parties. Forwarding of digital content to third parties is only permitted if this is permitted by legal provision and any eventually existing legal requirements for such forwarding are fulfilled. 5. The customer is neither permitted to alter the digital content nor remove copyright notes, trademarks or other legal reservations. 7 Self-Delivery Clause 1. If United Kiosk is not capable of delivering an ordered printed issue or a digital content after signing a contract with the customer or incapable of delivering on time, although United Kiosk has closed a corresponding purchase contract with a publisher, or other supplier before the contract was closed with the customer or for a lack of delivery for which United Kiosk is not responsible, United Kiosk reserves the right to detach themselves from the obligation to deliver. In this case, United Kiosk is obliged to immediately inform the customer about the unavailability of the printed issue or the

4 digital content respectively and where appropriate, and shall immediately compensate considerations already performed. 8 Terms of Payment and Invoicing 1. All price marks in the Webshop are gross prices including the legal value-added tax (VAT). Where applicable, shipping costs could be added. The standard incurring shipping costs will be displayed to the customer during the ordering process, and together with the price of the selected item including VAT, will be displayed to the customer within the order form. 2. Payment can be made according to the payment methods listed in the order form, which currently include PayPal, credit card, SEPA Direct Debit or Instant Transfer. The customer can also pay for print-subscriptions via Delivery on Account. Detailed payment process information as well as information about United Kiosk s serviceproviders engaged for the convenience of secure payment can be found in the order form. 3. The customer must truthfully enter the information required for the method of payment selected in the order form. Further information concerning the collected personal data and its use can be found in United Kiosk s Data Privacy Statement. 4. After the order has been completed, United Kiosk is authorized to debit the customer s bank, credit card or PayPal account. In the case of a print-subscriptions and esubscriptions, United Kiosk is entitled to bill the amount due, for the respective time period up to the next possible term of cancellation (hereinafter referred to as: Billing Period, in advance if Delivery on Account has not been selected for printsubscriptions, to debit the bank, credit card or PayPal account at least two week before commencement of the following billing period. 5. Independent of the provision as denoted in para 4, payment is due within two week upon the receipt date of the invoice. United Kiosk is entitled to place invoices in electronic form, particularly via In the event that the price of an item ordered in subscription underlies price-fixing, the subscription price changes automatically with the binding change of the end-user price. For subscription contracts concerning products that do not underlie price-fixing, United Kiosk is entitled to increase the respective prices proportionately to increased costs of purchasing; in the event that these costs decline and upon the customer s request, United Kiosk shall decrease the price accordingly. 7. At the time of initial purchase of epaper Single Pages, the customer must pay to United Kiosk an arbitrary minimum amount for specified denominations (e.g. 1, 5 or 10 EUR). The denominations available will be displayed during the ordering process. From the minimum amount paid, United Kiosk retains the purchase price of the epaper Single Pages as paid remuneration. The remainder of the minimum amount paid is available to the customer for a term of 24 months after payment of the minimum amount as a coupon amount for payment of further epaper Single Pages. Should the customer purchase further epaper Single Pages, United Kiosk will deduct the price due from the remaining coupon amount. Should the coupon amount not be sufficient for the further purchase of epaper Single Pages, the customer must remit another minimum amount for which the aforementioned again applies. After 24 months, any existing minimum payment made or coupon amounts will expire and will not be refunded to the customer

5 9 Right of Revocation 1. If the customer is a consumer (in this case an individual person that has given the purchase order for a purpose that is not of commercial or freelance professional nature), this customer is entitled to the Right of Revocation in accordance with statutory requirements. 2. For all other cases, the provisions of the Right of Revocation apply and are found in the following Notice of Revocation: (1) Right of Revocation You are entitled to revoke your contractual declaration in writing (e.g. letter, fax, ), within fourteen (14) days without justification. This term of revocation commences upon conclusion of contract (in the case of a contract covering the delivery of digital content that is not delivered on a physical data carrier, e.g. in the case of downloading available digital content) respectively or from the date on which you or a third party named by you, other than the carrier have taken physical possession of the first goods (in the case of a contract for regular delivery of goods during a specified period of time, e.g. in the case of a subscription-contract for printed issues of newspapers or magazines). To exercise your right of revocation, your revocation notice must be addressed to, United Kiosk AG CAS-Weg Karlsruhe Germany Telephone: +49(0) info@united-kiosk.de Telefax: +49(0) in which you inform us (e.g. via postal mail, registered letter, Telefax or ) and concisely declare your intention to revoke the contract. You may use the sample revocation form attached. Using this form is however, not mandatory. To meet the revocation deadline, timely mailing of the revocation notice before expiration of the revocation deadline shall suffice. (2) Consequence of Revocation Should you revoke this contract, we shall return to you the payments received from you, including the delivery costs (with the exception of additional costs occurring when you

6 select a type of delivery that varies from the cheaper standard delivery) immediately and within fourteen days sat the latest from the date of receipt of your notice of revocation of this contract. For this reimbursement, we shall use the same method of payment that you used during the original transaction, unless a different method was explicitly agreed otherwise with; you will not be charged any additional fees for this reimbursement. We may refuse reimbursement until we have received the returned goods, or until you have furnished proof that you have returned the goods, depending on whatever date is earliest. You must return/hand over the goods to us immediately and in any event, not later than fourteen days from the date on which you notified us of the revocation of this contract. The deadline is deemed met, if you send off the goods before expiration of the 14-day deadline. You bear the direct costs of returning the goods to us. You only need to pay for any diminished value of the goods if (after examination of the nature, characteristics and function of the goods) this loss of value is due poor and unnecessary handling on your part. - End of the Notice of Revocation - Notes on statutory exemptions from the right of revocation and the expiration of any right of revocation: According to 312g para. 2 no. 7 BGB [German Civil Code] among others, does not apply to contracts/agreements for the delivery of newspapers, periodicals and magazines (respectively as print issues) with the exception of subscription contracts. Sample-Revocation Form (Should you care to revoke this contract, please complete this form in full and send it back to us.) To United Kiosk AG CAS-Weg

7 76131 Karlsruhe Germany (You may also send the declaration to the following Telefax number and/or address:) Telefax +49(0) I / We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*) / provision of the following services (*) Ordered on (*)/received on (*) Consumer s name Consumer s address Consumer s signature (only required when submitted on paper) Date (*) (*) Please strike out where inapplicable 10 Warranty and Liability 1. Possible claims of the customer against United Kiosk in reference to material defects or deficiency in titles or other breaches of duty only in accordance with the legal requirements. 11 Orders for Third Parties (e.g. Gift Orders) 1. United Kiosk offers the customer the option (as listed in 2 para 1) of ordering all offers for third parties, e.g. for products they would like to send as a gift. 2. In such cases, the customer orders in his/her own name, on his/her own behalf and under his/her own responsibility, however with the proviso that any third party designated by them may request services rendered by the United Kiosk (a so-called genuine contract in favor of third parties as in accordance with 328 Abs 1 German Civil Code.). United Kiosk and the customer reserve the right to abandon or change the third party right without the third party s consent ( 328 para. 2 German Civil Code). 3. No contract exists between United Kiosk and the Third Party. However, should the Third Party be entitled to download and use the digital content under the proviso according to these General Business Conditions provisions; the 5 f. if the General Business Conditions also apply for Third Parties respectively; however with the proviso that the third party can only download digital content ordered for him in the library set up in his/her name. esubscriptions ordered for him/her can only be managed (e.g. cancelled) by the customer

8 4. In the event that the third party does not accept the services, for reasons United Kiosk is not responsible, it will not affect the customer s payment obligation. Should the Third Party, in accordance with 333 of the German Civil Code, decline to exercise their right towards United Kiosk, this will not affect the customer s payment obligation; in this case the customer is entitled instead of the Third Party of this contract. 12 Duration and Cancelation 1. Contracts covering print-subscriptions and esubscriptions commence with the closing of the contract as far as no deviation of the fixed time limit is noted in the order form. However, it will be terminated automatically in any case, if the publisher cancels the title(s) concerned. In this case, the United Kiosk s obligation ends with delivery or provision of the last available issue. 2. Unless indicated otherwise in the order form, for unlimited subscriptions both United Kiosk as well the customer are entitled to orderly cancel print-subscriptions with a threemonth notice of cancelation to the end of the contract year as well as for esubscriptions with a two-day cancelation notice to the end of the contract year. In any case, United Kiosk is entitled to terminate with existing continuing obligations with customers by means of a special termination with a one-month notice to the end of each calendar month, if United Kiosk decides to close the Webshop. 3. The right to an extraordinary notice of cancelation for significant reasons in accordance with the legal requirements remains unaffected. 4. To become effective, every cancellation must be submitted in text form, whereas the cancellation can also be submitted and declared via the library s entry mask made available to administer the user s account. 5. The provisions of this 12 also apply in the event of customer orders for third parties, whereas not the third party but instead only United Kiosk and the customer can cancel in accordance with In the event of cancellation of a continuing obligation with a customer, United Kiosk will partially refund the customer s paid remuneration for the time period in which the contract has been canceled. In the event that the Webshop is closed, United Kiosk will refund customers existing credit balances that were paid for epaper Single Pages earlier than 24 months before the official announcement of closing. 13 Applicable Law and Jurisdiction 1. The law of the Federal Republic of Germany under exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods) applies. The application of statutory rules of another country in which a customer orders as a consumer and is a habitual resident at the time of the ordering, is unaffected by this choice of law. 2. In the event that the customer places an order as a merchant, the exclusive jurisdiction is Karlsruhe, Germany. However, United Kiosk is entitled to file a suit in a different local, responsible court. In all other respects, the applicable statutory laws apply for the international and local jurisdiction. United Kiosk AG, Karlsruhe (As of )