General Terms and Conditions (GTC) IN MEDIA KG TI - Toni Ilg Grüntenstr. 12 87527 Sonthofen - hereinafter referred to as the Provider - § 1 Scope of application (1) The services of the Provider for the services and goods offered at www.mediakg.de are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order. (2) Our General Terms and Conditions apply exclusively. Any general terms and conditions of the customer deviating from our General Terms and Conditions shall not apply unless their validity is expressly agreed. § 2 Conclusion of contract (1) Our offers on the Internet represent a non-binding invitation to the customer to conclude a contract. By sending the order on our website, the customer submits a binding offer to conclude a contract. (2) We can accept this offer within five working days by sending a confirmation of acceptance by e-mail, by delivering the goods or by making the download data available. If this period expires without result, the offer shall be deemed to have been rejected. However, if the customer orders via the Internet, the supplier shall confirm receipt of the orders electronically without delay. § 3 Payment, default (1) The prices listed on our website at the time of the order shall apply. All prices include the statutory value added tax and do not include the respective shipping costs. (2) Payment of the purchase price is possible by immediate bank transfer, by bank transfer/advance payment, by PayPal and by credit card. (3) If the customer is in default of payment, we are entitled to demand default interest in the amount of 5 percentage points above the base interest rate of the European Central Bank. In the event that we claim higher default damages, the customer shall have the opportunity to prove that the claimed default damages have not been incurred at all or at least in a significantly lower amount. § 4 Retention of title/ transfer of rights (1) We retain title to the delivered item until the purchase price has been paid in full. (2) The transfer of rights of use is subject to full payment of the agreed remuneration. § 5 Downloads and delivery (1) ) The software is made available as a download link. These software offers are marked accordingly. The customer is responsible for the correct indication of the e-mail address required for the transmission of the registration key. (2) The customer is responsible for backing up the registration data. The registration data must be treated confidentially. The disclosure of registration data to third parties is not permitted. (3) Backup copies shall be provided within 5 days of receipt of the order, in the case of payment in advance 5 days after receipt of payment. We will point out any deviating delivery times on the respective product page. The start of the delivery time specified by us is subject to the timely and proper fulfillment of the customer s obligations, in particular the correct specification of the delivery address in the order. (4) If the supplier is unable to deliver the ordered goods through no fault of his own because the supplier of the supplier does not fulfill his contractual obligations, the customer will be informed immediately that the ordered goods are not available. Any payments already made by the contractual partner will be reimbursed immediately. The customer s statutory claims shall remain unaffected. § 6 Default of acceptance (1) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. (2) Interest shall be charged on the purchase price during the period of default. The default interest rate shall be five percentage points above the prime rate per annum. For legal transactions between entrepreneurs, the interest rate is eight percentage points above the prime rate. (3) For his part, the customer reserves the right to prove that no damage has been incurred in the amount demanded, or at least that it is significantly lower. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor s delay. § 7 Warranty (1) In the event of a defect, the customer shall have the choice of whether subsequent performance is to be effected by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the customer. (2) If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his discretion, demand a reduction of the purchase price (reduction) or declare his withdrawal from the contract. Any claims for damages on the part of the customer remain unaffected by this. (3) The provider shall not be liable for ensuring that the program functions meet the customer s specific requirements or work together with components in the customer s specific configuration. This does not apply if a corresponding functionality or compatibility has been guaranteed. § 8 Rights of use (1) The right to use and utilize the contractual software is governed by the license conditions attached to the software. (2) Insofar as no separate license conditions apply, the user is granted a simple, non-transferable right to use the software. This includes permission to store copies of the purchased software on computers or readers and to use them for his own purposes. It is expressly prohibited to modify or edit the file or parts thereof and to make it accessible to third parties outside the limits of copyright law. (3) Reseller licenses to be agreed separately are not covered by this provision. § You shall bear the regular costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40.00, or if you have not yet paid the consideration or a contractually agreed partial payment at the time of revocation in the case of a higher price of the goods. Otherwise the return shipment is free of charge for you. § 10 Limitation of liability (1) In the event of a slightly negligent breach of duty, the liability of the provider and that of our vicarious agents shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. We and our vicarious agents shall not be liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the performance of the contract. (2) The provider is not liable for the functionality of the customer s telephone lines to the server, in the event of power failures or server failures that are beyond the provider s control. (3) The above limitations of liability do not apply to claims arising from product liability or warranty or to claims based on physical injury or damage to health or loss of life. § 11 Data protection We treat your personal data confidentially and in accordance with the statutory data protection regulations. Your data will not be passed on without your express consent or will only be passed on within the framework of the necessary processing of the contract, for example to the companies entrusted with the delivery of the goods. § 12 Applicable law, place of jurisdiction (1) The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards. (2) If the contracting parties are merchants, the court at our registered office in Sonthofen shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This shall also apply if the customer is not domiciled within the European Union. § 13 Final provision If a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
