Section 1 Scope of application
(1) The following Terms & Conditions of Business, in their version currently in force at the time when the contract is concluded, shall apply to all contracts coming into existence through our shop.mediaform.de online shop for the supply of goods and services by Mediaform Informatiossysteme GmbH (hereinafter "Mediaform"). Deviating conditions of the customer shall not be binding for Mediaform unless we expressly agreed to them in writing. Our Terms & Conditions of Business shall apply even if we, knowing the customer's conditions opposing or differing from our Terms & Conditions of Business, carry out supply/delivery to the orderer without reservation. Agreements to the contrary must be in written form.
(2) The customer shall recognise the validity of the present General Terms & Conditions of Business in the context of the ordering process under Point "6 check the order" by clicking on the field "I have read the General Terms & Conditions of Business and expressly agree to them."
Section 2 Contracting parties
The purchase contract shall come into existence between the customer carrying out the order and
Mediaform Informationssysteme GmbH
represented by the Managing Director Jörg Weber
Lübeck District Court HRB 2714
VAT ID No.: DE 189884715
Tel.: +49 40 - 72 73 60 0
Section 3 Offer, ordering procedure, conclusion of contract
The range of goods contained in the shop.mediaform.de online shop represents a binding offer to customers by Mediaform to conclude a purchase contract.
(2) Ordering procedure
In our online shop, for each article that is available, the customer can retrieve a product page on which the respective product characteristics and costs are stated. The delivery costs arising in connection with the order can be viewed via the "Shipping Costs" link. The required quantity of product can be set via the "Into the shopping cart" button. The customer's selection is put into the shopping cart by clicking the "Into the shopping cart" button. In the shopping cart, he/she can change his/her choice of products and the number(s) of them at any time until the order is sent. Clicking the "Proceed to checkout" button takes the customer from the shopping cart to the ordering procedure. Under Point "1 Sign-in or Register", the customer can select whether he/she wants to continue by signing into an already existing customer account, by registering as a new customer and creating a customer account, or by continuing as a guest without registration.
In the following points of the ordering procedure, "2 Invoice Address" and "3 Shipping Address", the customer can enter details of the required invoice address and delivery address. The point "Deliver to this address" is ticked as a default setting for the address information in the fields that need to be completed. If the customer does not change this, the invoice address he/she has entered will be automatically used as the shipping address, and the Point "3 Shipping Address" will be skipped. If the customer selects the option below that, "Deliver to a different address", he/she is taken to Point "3 Delivery address", where he/she can enter the required information. The customer can also change all the information afterwards by clicking on the respective point in the ordering procedure overview and changing his/her entries, e.g. for the invoice address or shipping address.
Under Point "4 Shipping Costs", the customer is informed of the amount of the delivery costs arising based on his/her order. Under Point "5 Payment Information" he/she can choose the payment method he/she requires. In this respect, payment by invoice is possible only for corporate customers who have registered/signed-in with their VAT ID Number. In addition, the other existing payment methods are "Cash on Delivery", "Prepayment", "PayPal", "Direct Debit" and "Credit Card".
Finally, under Point "6 Check the Order", the customer can once again verify the correctness of the information he/she has entered. Here again, the extent of the order can still be changed by clicking on the "Edit Shopping Cart" button.
On each occasion, before sending the order, the customer must confirm, by clicking a box, that he/she has noted Mediaform's General Terms & Conditions of Business and agrees to them. Likewise, the customer must confirm in the same way that he/she has noted the Data Protection Notice and his/her right of revocation. Only after that will the order be bindingly sent by clicking the "Buy" button.
(3) Conclusion of contract
By clicking the "Buy" button, the customer shall accept our binding offer to conclude a purchase contract as described in Para. (1). A confirmation shall be sent to the customer by E-mail immediately after completion of the ordering procedure.
(4) The manufacturer's licence or other conditions enclosed with and/or contained on the data carrier shall apply to the supply/delivery of standard software.
Section 4 Payment conditions
(1) All the prices in our online shop are stated in the Euro currency and contain the respective statutory/legal VAT. Shipping costs, where applicable, are shown separately.
(2) As a basic principle, the payment types Cash on Delivery, Prepayment, PayPal, EC Direct Debit and Credit Card are available to consumers.
Cash on Delivery
The customer pays the purchase price directly to the delivery agent. This incurs an extra cost of EUR 5.00. An additional EUR 2.00 must be paid directly to the delivery agent.
In the ordering process, the customer is redirected to the web page of the online service provider PayPal. To enable the invoice amount to be paid through PayPal, the customer must be registered with PayPal or must first register with PayPal, must legitimise with his/her access data, and must confirm the payment instruction to us. After the order has been placed in the Shop, we request PayPal to initiate the payment transaction. The customer receives further information during the ordering procedure.
PayPal carries out the payment transaction automatically immediately thereafter.
EC Direct Debit is also a service offered by the service provider PayPal. If the customer has registered a bank account with PayPal and confirmed it, he/she can pay by the Direct Debit method in our online shop. He/she thereby authorises PayPal to debit the invoice amount directly from his/her stored bank account. Please note the additional information during the ordering procedure.
When placing the order, the customer simultaneously communicates his/her credit card data to us.
After legitimising him/herself as a rightful cardholder, and immediately after the order, we request his credit card company to initiate the payment transaction. The credit card company automatically performs the payment transaction, and the customer's card is debited.
(3) Regarding use of the service provider PayPal, we refer to the latter's data protection provisions, which can be inspected at www.paypal.com/de/.
(4) Entrepreneurs who have registered by stating their VAT ID Number in the shop can choose the additional payment method "Invoice".
Section 5 Retention of Title
(1) All goods supplied shall remain Mediaform's property until full payment.
(2) As a derogation from Para. (1), the following shall apply if the customer is an entrepreneur:
All goods supplied shall remain Mediaform's property until full settlement of all claims arising from the current business relationship. Pledging, chattel mortgaging, processing or reshaping the goods before transfer of ownership is not permitted without Mediaform's express consent.
In the event of seizure or other intervention by a third party, the customer must inform us in writing without delay, so we can bring an action pursuant to Section 771 of the ZPO (German Code of Civil Procedure). Insofar as the third party is unable to refund to us the judicial and extrajudicial costs of litigation pursuant to Section 771 of the ZPO, the customer shall be liable for the resulting loss we have incurred.
The customer shall be entitled to resell the purchased item in the ordinary course of business; however, he/she now already assigns to us all claims in the amount of the final invoice total (including VAT) of our claim which accrue to him/her against his/her customer or third parties arising from the resale, namely irrespective of whether the purchased item is resold without or after processing. Mediaform accepts this assignment. However, the customer shall remain empowered to collect these receivables even after the assignment. This shall not affect our own power to collect the receivable ourselves. However, we undertake not to collect the receivable provided the customer meets his/her payment obligations arising from the collected proceeds, does not enter payment default, and in particular no application to open bankruptcy or judicial composition proceedings is filed, or cessation of payments has occurred. If this is the case, however, we can require the customer to disclose to us the assigned accounts receivable and their debtors, to provide all the information necessary for their collection, to hand over the associated documents and to inform the debtors (third parties) of the assignment.
Section 6 Warranty/Guarantee
(1) The warranty/guarantee shall be governed in accordance with legal/statutory provisions, except insofar as expressly agreed otherwise.
(2) If the customer is a consumer within the meaning of Section 13 of the BGB (German Code of Civil Law), and as a departure from the statutory provisions, his/her warranty claims in relation to used items shall become time-barred within one year. Excepted from this limitation are damages claims arising from injury to life, personal injury and health. Also excepted are damages claims caused by breach of an essential contractual obligation whose fulfilment enables proper execution of the contract in the first place, and upon whose fulfilment the buyer may regularly rely, (cardinal duties), as well as in the event of intentional or grossly negligent breach of duty by Mediaform or its vicarious agents.
(3) The customer shall bear responsibility for the fact that the labels, forms or devices supplied and/or recommended by us are suitable for the intended purpose envisaged by the customer. This shall apply in particular to self-adhesive labels, because the reaction of their adhesive on certain materials (e.g. plastic) is unpredictable. In this respect, our recommendations shall not count as a guarantee of properties.
(4) If the customer is an entrepreneur, his/her warranty rights shall be conditional upon his/her having properly fulfilled his/her examination and complaint obligations pursuant to Sections 377 and 378 of the HGB (German Code of Commercial Law).
(5) If the customer is an entrepreneur, the time-barring limitation period for warranty claims shall be one year counting from the transfer of risk. Excepted from this limitation are damages claims arising from injury to life, personal injury and health, as well as in the event of intentional or grossly negligent breach of duty by Mediaform or its vicarious agents.
Section 7 Cancellation instructions
Right of cancellation
You have the right to revoke this contract within fourteen days without stating reasons. The time limit for revocation shall be fourteen days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the last goods or had them in their/his possession.
To exercise this right of revocation, you must inform us
Mediaform Informationssysteme GmbH
Tel.: +49 40 - 72 73 60 0
Fax: +49 40 - 72 73 60 27
by means of an unambiguous declaration (e.g. a letter sent by post, Fax or E-mail) regarding your decision to revoke this contract. For this purpose you can use the attached template revocation form, although this is not mandatory.
To comply with the revocation time limit, it is sufficient that you dispatch the notice concerning the exercise of the revocation right before the expiry of the time limit for revocation.
Consequences of revocation
If you revoke this contract, we must repay to you, without delay and at the latest within fourteen days from the day on which we received the notice of your revocation of this contract, all the payments we received from you, including shipping/delivery costs (except for the additional costs arising due to the fact that you chose a delivery method different to the advantageous standard delivery offered by us). The payment method we use for this repayment will be the same as the method you used for the original transaction, unless expressly agreed otherwise with you; in no case will we bill you any charges for this repayment. We can refuse repayment until we have received the goods back from you again, or until you have given proof that you have dispatched the goods, whichever is the earlier time.
You must return the goods to us or hand them over to us without delay, and in any case at the latest within fourteen days from the day on which you notified us of the revocation of this contract. The time limit is complied with if you dispatch the goods before expiry of the fourteen day time limit. We will bear the costs of returning the goods. You must pay for any possible loss in value of the goods only if this loss in value is attributable to handling the goods in a way that was not necessary to check the quality, characteristics and functioning of the goods.
The right of revocation shall not exist in relation to the supply of articles that are not prefabricated and for whose manufacture an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer's personal requirements (printed products), or to the supply/delivery of sealed goods that are unsuitable for return on grounds of health protection or hygiene if their seal was removed after delivery, or to the supply/delivery of computer software in a sealed package if the seal was removed after delivery.
Template - Revocation form
If you want to revoke the contract, please complete this form and return it to us.
Mediaform Informationssysteme GmbH
Tel.: +49 40 - 72 73 60 27
I/We (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification in paper form)
(*) Cross out the inapplicable.
End of revocation instruction
Section 8 Liability
(1) We shall bear unlimited liability for intent and gross negligence. In the case of slight negligence, our liability shall be limited to damages arising from injury to the life, body and/or the health of persons. The provisions of product liability law shall remain unaffected.
(2) In the case of slight negligence, we shall be liable only in the event of breach of an essential contractual obligation whose fulfilment enables proper execution of the contract in the first place, and upon whose fulfilment the buyer may regularly rely, (cardinal duties). The amount of liability for slight negligence shall be limited to damages foreseeable at the time of contract conclusion and whose occurrence must typically be expected.
(3) Paragraphs (1) and (2) shall also apply for the benefit of Mediaform's vicarious agents.
Section 9 Data Protection
(1) As a fundamental principle, we will collect customer's personal data only to the extent necessary to execute the contractual relationship. Please see our Data Protection Declaration for more information.
Section 10 The option of alternative dispute resolution in accordance with Section 36 of the VSBG (German Consumer Dispute Resolution Act), Article 14 I of the ODR-VO (EU Online Dispute Resolution Regulation)
In the event of a legal dispute, the customer shall have the option to invoke a dispute resolution or conciliation body before resorting to an ordinary court. We are available to such extrajudicial dispute resolution. The European Commission provides a platform for this purpose via the link ec.europa.eu/consumers/odr/main/index.cfm.
Since a sector-specific arbitration body for our services does not yet exist, the General Consumer Arbitration Agency of the "Zentrum für Schlichtung e.V." (Arbitration Centre), Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, contactable via www.verbraucher-schlichter.de, shall have competence.
Section 11 Final Provisions
(1) If the customer involves a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes connected with goods and/or services ordered online from Mediaform shall be Mediaform's registered office in Reinbek, Germany. The statutory/legal provisions shall apply for consumers.
(2) German law shall apply, to the exclusion of the UN Sales Law.
(3) The ineffectiveness of individual provisions of these General Terms & Conditions of Business shall not affect the effectiveness of the remaining provisions.