GENERAL TERMS AND CONDITIONS

1. general - scope

The following General Terms and Conditions apply to all business relations 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 websites www.medienkraftwerk.de and its language versions. Customer in the sense of the 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 of the conclusion of the contract shall be decisive in each case.

2. information on the accessibility of the contract 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 to have the data accessible at any time. You can also view your personal data, your order data and your invoices in your customer account (My account) at any time. The current General Terms and Conditions (GTC) including the cancellation policy can be found at any time in our online store. The terms and conditions 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 the button "order subject to payment" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order 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 Purchaser 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 otherwise enriched by the taking possession and further use of the delivery, the orderer and the recipient of the delivery shall be jointly deemed to be the principal. By placing such an order, the Purchaser implicitly assures that the consent for this has been given.
3. In the case of orders for the account of third parties - irrespective of whether in their own name or in the name of a third party - the customer and the invoice recipient shall be deemed to be joint customers. A subsequent amendment of the invoice after invoicing has already taken place at the request of the orderer to another invoice recipient shall mean the tacit acceptance of the debt of this invoice recipient. By placing such an order, the orderer implicitly assures that the consent of the invoice recipient has been obtained for this.
4. medienkraftwerk GmbH will not process print orders insofar as
   
   • the content of the printed product or the fulfillment of the print order would violate applicable criminal laws or could be punished as an administrative offense;
   • the printed matter obviously pursues racist, xenophobic, violence-glorifying, radical or otherwise anti-constitutional objectives;
   • the content of the printed matter would be sexist in nature; or
   • the printed product would disregard general fundamental ethical values or would be classified as immoral for other reasons.
   
   medienkraftwerk GmbH reserves the right to permanently block customer accounts in case of repeated serving of such print orders.
5. medienkraftwerk GmbH does not require a minimum order value.
6. You have the option to conclude 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 enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity.

5 Delivery, transfer of risk

1. The production or delivery times for order completion stated in the online store www.medienkraftwerk.de correspond to the respective planning status. The working days mentioned are Monday to Friday, NOT Saturday, Sunday and holidays.
2. The delivery time is extended for all cases of force majeure by the time the obstacle exists. Force majeure shall be deemed to include, in particular, strikes, operational disruptions - in particular disruptions in data lines - insofar as these obstacles can be proven to have a significant influence on the delivery of the goods. This shall also apply if the obstacle occurs at one of the contractor's contractual partners. The aforementioned circumstances are also not the responsibility of the contractor if they occur during his already existing delay.
3. Should there be a delay in delivery due to production disruptions contrary to the delivery times stated in the online store, the company medienkraftwerk GmbH will contact you immediately.
4. The choice of the shipping service provider is incumbent on the company medienkraftwerk GmbH and can not be influenced by the customer. Delivery is made to the curb. Shipments will be handed over to persons who are found at the recipient's address.
5. The option of Saturday delivery is not a guarantee of delivery on Saturday. Only the possibility of an attempted delivery 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. 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 domiciled in the EU outside Germany and has a valid VAT ID number, the invoice will be issued without VAT. If the delivery has been treated as tax-free due to an incorrect VAT ID number and if this is based on incorrect information provided by the Customer which the Contractor could not have recognized even when exercising the due care of a prudent businessman, the Contractor shall owe the lost tax. If the Customer is an entrepreneur domiciled in non-EU countries, the invoice shall be issued without VAT.
3. In order to claim an export delivery subject to VAT, the information provided by the purchaser (=contracting party) is decisive. The purchaser must fulfill the personal requirements of this tax exemption. Any subsequent persons (recipients or onward shipments differing from the customer) cannot be taken into account by medienkraftwerk GmbH with regard to the tax exemption.
4. Additional costs:
   
   • Shipping costs can be found in the respective country-specific shipping information under shipping costs.
   • Possible fees for different payment methods can be found under payment methods.
   • We inform about additional costs for deliveries to countries outside the European Economic Area under shipping costs.
5. The payment methods indicated to the customer during the ordering process apply.
6. The prices at the time of the order are valid. Special promotions are not applied subsequently.
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 be in default, we reserve the right to prove and assert default interest damages.
8. If the fulfillment of the payment claim is at risk due to a deterioration of the Customer's financial situation that has occurred or become known after the conclusion of the contract, the Contractor may demand advance payment and immediate payment of all outstanding invoices, including those that are not yet due, retain goods that have not yet been delivered and stop further work on orders that are still in progress. The Contractor shall also be entitled to these rights if the Customer does not make any payment despite a reminder justifying default.

7. invoicing

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

8. retention 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 scope 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 shall remain the property of the supplier. Processing or transformation shall be carried out, without any obligation resulting therefrom, for the Supplier as manufacturer. If the (co-)ownership of the Supplier expires due to combination, mixing, processing or transformation, it is already now agreed that the (co-)ownership of the Customer shall pass to the Supplier in proportion to the value (invoice value). The Customer shall store the (co-) ownership of the Supplier free of charge.

Goods which 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 in respect of reserved goods and acquires a claim in return, it hereby assigns this claim in full to the Supplier, including all current account balance claims. As long as the Customer duly meets its payment obligations, it shall be irrevocably authorized to collect the claims assigned to the Supplier in its own name and for its 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 notify the Supplier without delay. The same shall apply to claims.

9. warranty

1. The client must check the contractual conformity of the data supplied and, if applicable, of the preliminary and intermediate products sent for correction with the data provided in every 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 is excluded for the entrepreneur. Timely dispatch shall be sufficient to meet the deadline. Hidden defects which could not be detected after the immediate inspection of the goods, which is incumbent upon 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 be effected by repair or replacement. The limitation period for statutory claims for defects is 2 years and begins with the date of delivery, i.e. receipt of the item by the buyer. We are entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we shall initially provide warranty for defects in the goods by repair or replacement delivery at our discretion. In any case, the subsequent performance shall be limited to the amount of the order value. The same shall apply in the event of a justified complaint regarding the rectification of defects or replacement delivery. In the event of delayed, omitted or unsuccessful rectification or replacement delivery, however, the customer may withdraw from the contract. Liability for consequential damage caused by defects is excluded.
4. Defects in a 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 subcontractors to the Customer. The Contractor shall be liable like a guarantor insofar as claims against the supplier do not exist due to the fault of the Contractor or such claims are not enforceable.
6. If the data provided by the customer does not comply with the specifications of the company 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 Customer's request, the risk shall pass to the Customer as soon as the Contractor has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. This shall not apply if the Customer is a consumer.
2. Claims of the customer for damages are excluded, subject to the following provisions, 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 for 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, provided that the customer is not a consumer. Any consignment with external damage shall only be accepted by the customer subject to the ascertainment of the damage on the part of the forwarder/carrier.
4. We will treat all templates handed over to us with care. We accept liability for damage or loss only up to the value of the material. Further claims of any kind are excluded.
5. When ordering a data check, we check your print data with regard to resolution, bleed, data format and font embedding. We do not guarantee for spelling and typesetting errors, color reproduction or problems caused by exceeding the maximum color application of 300%.
6. We shall not be liable for errors caused by order documents, drafts, sketches, materials, etc. submitted by the client, nor for errors not recognized by the client and not reported in good time in the case of proofs, even if proofreading has been agreed and this is remunerated separately. If the sending of a proof is not expressly requested, the client shall be liable in any case.

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 the company medienkraftwerk GmbH for the fact that he is unrestrictedly authorized to use, pass on and distribute all data handed over or templates provided, including texts and image material. The customer is also liable for ensuring that the production of the printed matter commissioned by him does not violate any industrial property rights or copyrights of third parties and that its content does not violate competition law regulations or morality.

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 violated. Otherwise, the customer is obligated to indemnify medienkraftwerk GmbH from all third party claims arising from this.

13. advertising

With the customer's consent, we may refer to us in a suitable manner on printed products. Consent by the customer can only be refused if he has an overriding interest in doing so.

14. print data transmission and archiving

Insofar as print data is transmitted by the Customer and the Client, by whatever means, in particular also in the case of electronic transmission of the print data and exchange of data carriers, the Contractor shall assume no liability whatsoever 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

You can find the detailed privacy policy under data protection.

16 Applicable law, place of performance, place of jurisdiction

The law of the Federal Republic of Germany shall apply, unless the validity 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 does not have a place of residence 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 if it is mandatory under consumer law.

17. copyright

All news, graphics and the layout of the contractor's website are solely for the information of our customers. The use is at your own risk. All data of this offer enjoy copyright protection; copying and printing of the entire website is only permitted for the purpose of placing an order with this company. Any further processing, copying, distribution and/or public reproduction exceeds the usual use and represents a violation of copyright, which will be prosecuted and obligated to pay damages. All other trademarks, product names and company names or logos cited on our web pages are the sole property of their respective owners. All rights reserved.

18. packaging ordinance

With regard to the sales packaging filled with goods for the first time by us and delivered to private end consumers, our company has joined the nationwide return system of Landbell AG, Mainz, (customer number: 4147216) to ensure the fulfillment of our legal obligations according to § 6 VerpackV. Further information can be found on the website of Landbell AG.

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