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General Terms and Conditions

General terms and conditions with Customer Information as well as
Cancellation Instructions for Physical products, Subscriptions and for Digital Contents

 

Table of contents

  1. Scope
  2. Offers and service descriptions
  3. Order process and conclusion of contract
  4. Prices and shipping costs
  5. Delivery, availability of goods
  6. Special information on subscriptions
  7. Terms of payment
  8. Retention of title
  9. Notes on rights of use and copyright
  10. Warranty for material defects and guarantee
  11. Liability
  12. Right of cancellation for consumers for a contract for the purchase of Digital Content that is not delivered on a physical data carrier
  13. Right of cancellation for consumers of a contract for the purchase of physical products ordered under a single order and delivered in a single delivery or separately
  14. Right of cancellation for consumers of a contract for the regular supply of goods over a fixed period (especially subscriptions)
  15. Sample cancellation form for consumers
  16. Return of physical products
  17. Storage of the contract text
  18. Final provisions

 

1. Scope

  • For the business relationship between News Consulting GmbH, Eat & Travel Magazine, TaunusTor 1, 60310 Frankfurt am Main, Germany (hereinafter referred to as “Seller”) and the Customer, buyer or purchaser (hereinafter collectively referred to as “Customer”), the following General Terms and Conditions (GTC) shall apply exclusively in the version valid at the time of the order.
  • Consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
  • These GTC contain provisions for physical products (e.g. printed products or content on physical data carriers) as well as for non-physical products, so-called ” Digital Content”. Digital content are products that are made available for download alone (e.g. activation keys for mobile information services, downloads, ePaper or eBooks).
  • In the event that Customers purchase our products through the online platforms, app stores, or similar sales platforms offered by third parties (e.g., Apple’s App Store), the terms and conditions of the third party platforms will apply.
  • Deviating conditions of the Customer are not recognized, unless the Seller expressly agrees to their validity.

2. Offers and service descriptions

  • The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the Seller do not have the character of an assurance or guarantee.
  • All offers are valid for physical products “while stocks last”, unless otherwise stated with the products. For the rest, errors remain reserved.

3. Order process and conclusion of contract

  • The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart by clicking the button [add to cart]. Within the shopping cart, the product selection can be changed, e.g. deleted. The Customer can then click on the [Continue to checkout] button within the shopping cart to complete the order process.
  • By clicking on the button [order subject to payment] the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time and return to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
  • The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out by using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the vendor has received the Customer’s order and does not constitute acceptance of the request. The sales contract is only concluded when the Seller has sent the ordered product to the Customer within four days, handed it over or confirmed the dispatch to the Customer within four days with a second e-mail, explicit order confirmation or sending the invoice. In the case of Customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of four.
  • If the Seller offers an online payment option, the contract is concluded with the provision of the online payment option and payment request to the Customer.
  • If the Seller allows advance payment, the contract is concluded with the provision of the bank data and payment request. If the payment is not received by the Seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the Seller shall withdraw from the contract with the consequence that the order is null and void and the Seller has no obligation to deliver. The order is then completed without further consequences for the Customer and the Seller. A reservation of the article in the case of advance payment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs

  • All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax. If in the case of customers who are entrepreneurs net prices apply, these customers will be informed of the net prices.
  • In addition to the indicated prices, the Seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the Customer on a separate information page and during the ordering process.

5. Delivery, availability of goods

  • Physical products will be delivered within the delivery time stated with the products or otherwise in the Customer information.
  • Digital content is provided immediately after purchase, at the latest within 24 hours. Depending on the product, the provision is carried out by providing a download option or sending the Digital Content or access to the Digital Content via e-mail or providing the Digital Content in a Customer area. If the Product consists of the provision of Digital Content online without the Customer being able to download this content, the Digital Content will be made available for the duration of the contract. The Customer will be informed expressly and with reasonable advance notice if such accesses cannot be provided by the Seller in the future.
  • For the use of the Digital Contents, access to the Internet as well as common and customary display options (e.g. a browser or PDF display software) that are reasonable for the Customer are assumed. The Seller assumes no responsibility for any prevention of access to Digital Content if the access to Digital Content is within the control of the Customer (this applies in particular to the Customer’s access to the Internet).
  • If the ordered product is not available because the Seller is not supplied with this product by his supplier through no fault of his own, the Seller can withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the Customer does not wish to receive a comparable product, the Seller will immediately reimburse the Customer for any payments already made.
  • Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Seller can withdraw from the contract. Any payments made will be refunded to the Customer immediately.
  • Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
  • For Customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment; the delivery dates and deadlines given are not fixed dates, unless otherwise agreed.
  • Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery by the Seller significantly more difficult or impossible, the Seller is not responsible to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to Customers who are entrepreneurs, even in cases of unforeseeable events which affect the operation of a sub-supplier and for which neither he nor the Seller is responsible. For the duration of this hindrance, the Customer is also released from his contractual obligations, in particular payment. If the Customer cannot reasonably be expected to accept the delay, the Customer may withdraw from the contract by written declaration after a reasonable period of grace to be set by the Customer or by mutual consultation with the Seller.
  • If advance payment has been agreed upon, the delivery will be made after receipt of the invoice amount.

6. Special information on subscriptions

  • Subscription products are delivered at the time of publication of the subscribed products. Subscriptions generally begin with the next available issue, unless a later date was specified when ordering. The contract is initially valid for the minimum term described in the offer for the order. A cancellation within the agreed minimum subscription period is not possible. The period of notice at the end of the minimum subscription period results from the offer on which the order is based. The following applies to trial, semi-annual and annual subscriptions as well as to subscriptions from refer-a-friend programs: After the minimum subscription period has expired, the contract is extended for an indefinite period. The contract can then be terminated by either party at any time with effect from the next possible issue.
  • Customers receive information on the type, number, publication dates and number of products purchased in a subscription and the notice period directly next to the respective representations of the subscriptions in the Seller’s offer.

7. Terms of payment

  • The Customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
  • If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
  • If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
  • If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer shall pay the statutory default interest.
  • The Customer’s obligation to pay interest on arrears does not exclude the Seller from asserting further damages caused by delay.
  • The Customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.

8. Retention of title

The delivered goods remain the property of the Seller until full payment has been made.

9. Notes on rights of use and copyright

  • The products sold by the Seller are protected by intellectual property rights (especially trademark and copyright). The rights of use and exploitation are held by the Seller. Customers undertake to acknowledge and comply with the property rights.
  • Customers are granted the simple rights to use the purchased products for their own purposes. Commercial use of the products is not permitted. In particular, Digital Contents of the Seller may not be duplicated, distributed, made publicly available or made available to third parties in any other way on the Internet, in intranets or extranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the contents.
  • The Seller is entitled to adapt and change Digital Contents subsequently, provided that this is necessary for the Seller (e.g. corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) is reasonable for the Customer and does not impair the contractual use of the products.

10. Warranty for material defects and guarantee

  • The warranty is subject to the following regulations according to legal regulations.
  • A guarantee only exists for the goods delivered by the Seller if it has been expressly given. Customers will be informed of the guarantee conditions before the order process is initiated.
  • If the Customer is an entrepreneur, he must inspect the goods immediately, without prejudice to statutory obligations to notify defects, and notify the supplier of any visible material defects immediately, at the latest within two weeks of delivery, in writing, and of any non-visible material defects immediately, at the latest within two weeks of their discovery. Customary commercial, permissible or minor deviations in quality, weight, size, thickness, width, equipment, pattern and colour in accordance with quality standards are not defects.
  • If the Customer is an entrepreneur, the choice between repair or subsequent delivery of defective goods by the Seller
  • Irrespective of the liability provisions of these GTC, material defects shall become time-barred for Customers who are entrepreneurs one year after the transfer of risk, unless longer periods are prescribed by law, in particular in the case of special provisions for recourse by the entrepreneur. For used goods, the warranty of Customers who are entrepreneurs is excluded.
  • The Seller endeavours to keep the Digital Content, in particular ordered and downloadable contents, available without interruption. Due to maintenance and repair work as well as system updates or even technical faults that are beyond the control of the Seller, availability may be limited. No guarantee is given for availability at all times.

11. Liability

  • The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, notwithstanding any other legal requirements for claims.
  • The Seller is liable without limitation if the cause of damage is based on intent or gross negligence.
  • Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
  • The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  • As far as the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

12. Right of cancellation for consumers for a contract for the purchase of Digital Content that is not delivered on a physical data carrier

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must inform us (News Consulting GmbH, Eat & Travel Magazine, TaunusTor 1, 60310 Frankfurt am Main, telephone: +49 (0) 69 /348 69 000, e-mail: info@eattravelmagazine.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but this is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Effects of cancellation

If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

Sample cancellation form

See Number 15 of this GTC.

Exclusion or premature expiration of the right of cancellation

The right of cancellation does not apply to contracts for the delivery of Digital Content which are not pre-fabricated and for the production of which 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 cancellation expires prematurely if we have only begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of cancellation when we begin to execute the contract. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

13. Right of cancellation for consumers of a contract for the purchase of physical products ordered under a single order and delivered in a single delivery or separately

Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. In order to exercise your right of cancellation, you must inform us (News Consulting GmbH, Eat & Travel Magazine, TaunusTor 1, 60310 Frankfurt am Main, telephone: +49 (0) 69 /348 69 000, e-mail: info@eattravelmagazine.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but this is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Effects of cancellation

If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.

Sample cancellation form

See Number 15 of this GTC.

Exclusion or premature expiration of the right of cancellation

The right of cancellation does not apply to contracts

  • for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
  • for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

The right of cancellation expires prematurely for contracts

  • for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery

14. Right of cancellation for consumers of a contract for the regular supply of goods over a fixed period (especially subscriptions)

Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took or has taken possession of the first goods. In order to exercise your right of cancellation, you must inform us (News Consulting GmbH, Eat & Travel Magazine, TaunusTor 1, 60310 Frankfurt am Main, telephone: +49 (0) 69 /348 69 000, e-mail: info@eattravelmagazine.com) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to cancel this contract. You may use the attached sample cancellation form for this purpose, but this is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Effects of cancellation

If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.

Sample cancellation form

See Number 15 of this GTC.

15. Sample cancellation form for consumers

(If you want to cancel the contract, please fill out this form and send it back).

– To News Consulting GmbH, Eat & Travel Magazine, TaunusTor 1, 60310 Frankfurt am Main, e-mail: info@eattravelmagazine.com:

– I/we (*) hereby cancel 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 consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of communication on paper)

– Date

————————————— (*) Delete as applicable

16. Return of physical products

  • The modalities mentioned in this section “Returns” of the GTC are not a prerequisite for the effective exercise of the consumer’s right of cancellation.
  • Customers are requested to return the physical products to the Seller as a prepaid package and to keep the receipt of posting. If requested, the Seller will reimburse the Customer in advance for postage costs, unless these are to be borne by the Customer himself.
  • Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the Seller, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.

17. Storage of the contract text

  • The Customer can print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
  • The Seller also sends the Customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest with the delivery of the goods, Customers who are consumers receive a copy of the general terms and conditions together with the cancellation instruction and the information about shipping costs as well as delivery and payment conditions. If Customers have created a Customer account, they can view the orders they have placed in their profile area. In addition, the Seller saves the text of the contract, but does not make it accessible on the Internet.
  • Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by reference to an online source.

18. Final provisions

  • If the Customer is an entrepreneur, the place of performance shall be the Seller’s registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the buyer has no general place of jurisdiction in the Seller’s country of registered office. The right of the Seller to choose another permissible place of jurisdiction is reserved.
  • In the case of entrepreneurs, 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, as long as this is not contradicted by any mandatory legal regulations.
  • Contract language is German and English.
  • European Commission’s Online Dispute Resolution (OS) Platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration body.