General terms and conditions of use
Section I - ePapers that can be ordered (fee-based/free of charge)
This Section I applies to digital publications which can be ordered for a fee or free of charge via the digital kiosk as part of an order process Section II regulates the exclusively free obtaining of digital publications without the offer of subscription contracts.
§1 Scope of application
The following General terms and conditions apply to the users of the “digital kiosk” (hereinafter referred to as: Customers).
The “digital kiosk” is operated by: Media Carrier Solutions GmbH c/o psw GmbH Managing directors: Sandra Bardewyck Feringastr. 6 85774 Unterföhring, Germany Register court: District court Munich HRB 275444 Email: www.media-carrier.com (hereinafter referred to as: Media Carrier).
§ 2 Subject matter of the agreement
- Media Carrier offers the customer, as a consumer, digital reading material provided here such as magazines and newspapers (hereinafter referred to as: digital publications) from various publishers in PDF format for download on the website, depending on availability (hereinafter referred to as: digital kiosk).
- A consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity.
- Digital publications are generally fee-based. However, in individual cases the customer can also download digital publications free of charge. Media Carrier decides whether and in what quantity free digital publications can be downloaded by the customer. This can be viewed in the order process.
- Unless otherwise regulated in individual cases, contractual relationships are established between the customer and Media Carrier.
§ 3 Conclusion of the contract, correction options, termination of subscription
- The presentation of the digital publications in the digital kiosk does not constitute a legally binding offer on the part of Media Carrier to conclude a purchase contract. By clicking on the respective digital publication, the customer is taken to the order page. If the customer clicks the “Buy now” button there, he or she makes a binding offer to Media Carrier to conclude a purchase contract for the selected digital publication, possibly as part of a subscription, according to the price conditions specified there. The acceptance of the contract by Media Carrier depends on the means of payment chosen:
- Mobile telephone After placing the order, the customer will receive an SMS asking him or her to confirm the purchase price with a TAN. If the customer performs this confirmation, the purchase contract for the selected digital publication is concluded.
- Credit card After placing the order, the customer is asked to provide his or her credit card details and to confirm the payment of the purchase price. After confirmation of the payment, Media Carrier immediately requests the credit card company to initiate the payment transaction and thereby accepts the offer of the customer, so that the purchase contract is concluded.
- PayPal After placing the order, the customer will be redirected to the PayPal website. There the customer can enter his or her payment details and confirm the payment order to PayPal. By confirming the payment order, Media Carrier accepts the offer so that the purchase contract is concluded.
- Free of charge If the digital publication is made available to the customer free of charge, the contract is concluded when Media Carrier sends the customer an email within 2 days. The sending of the email represents the acceptance of the contract by Media Carrier.
- The customer can cancel the order process at any time by closing the browser window. The customer can correct input errors in the order form in the respective input field.
- The customer can cancel a subscription at any time with a period of notice of 12 weeks before the end of the subscription by email. If the customer does not cancel, or does so late, the subscription is automatically renewed for the same subscription period (e.g. by a further year).
§ 4 Requirements for using the digital kiosk
- In order to be able to use the digital kiosk and read and save digital publications offered for download, the customer must meet certain minimum technical requirements, for which additional costs may be incurred (e.g. an internet or WLAN-enabled device, such as an iPad, iPhone, notebook, smartphone; an operating system such as Windows, macOS, iOS, Android etc.; internet access with a standard transfer rate and software, in order to be able to display and save the content of a PDF file, in particular the Adobe Reader program from Adobe Systems Inc. in its current version). The use of the digital kiosk can depend on the capacity of the aforementioned factors. Additional usage and licence conditions may apply to the programs and regular updates may be required.
- At least for the time of the download, there must be an uninterrupted connection to the Internet. The Internet connection is not provided by Media Carrier. The customer may incur additional costs for the use of the Internet and the downloading of the data volume associated with the digital publication, depending on the provider of the Internet access. These are not related to the service of Media Carrier and are not included in the price of the digital publication.
- If the customer is to download and, if necessary, permanently store the digital publication, the customer must ensure that there is sufficient storage space for the digital publication on the storage medium provided.
- The attention of the customer is drawn to the fact that it is the responsibility of the customer to meet these requirements, which may change from time to time. Internet access and the ability to save the data volume of the digital publications are not part of a product or offer from Media Carrier.
- The customer must have an email address and specify this in the context of his or her order, to which Media Carrier can send the customer a confirmation of the order. When taking out a subscription, the customer also receives information about new editions of his or her selected digital publication via his or her email address.
§ 5 Payment
- With the conclusion of a fee-based order for a digital publication, the customer is obliged to pay the agreed price. This obligation applies regardless of the fact that the download of the digital publication is not yet possible at this point in time, but is only made possible by Media Carrier after the payment process has been completed. The customer is obliged to make advance payments. When taking out a subscription, the obligation to pay in advance covers the subscription or billing period (e.g. one year).
- Media Carrier offers the following payment methods: Mobile phone, credit card, PayPal. However, Media Carrier reserves the right not to offer certain payment methods and to refer to other payment methods for each order.
- Mobile telephone After placing the order, the customer is asked to confirm the invoice amount for payment via his or her mobile operator. Immediately after this confirmation, the invoice amount will be added to the mobile phone bill of the customer. The customer receives further information during the ordering process.
- Credit card After placing the order, the customer transmits his or her credit card details. Immediately thereafter, Media Carrier requests the respective credit company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and the credit card of the customer is charged.
- PayPal After placing the order, the customer will be redirected to the PayPal website. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or first register, legitimise with his or her access data and confirm the payment instruction to Media Carrier. When paying by PayPal, a fee is charged, the amount of which is shown in the order form.
§ 6 Prices and payment methods
- The total price includes the applicable statutory sales tax and other price components as well as, if shown, fees for the selected means of payment. There are no shipping costs.
- All prices are shown in Euro.
- As long as a purchase contract has not yet been concluded for the respective digital publication, Media Carrier can change the prices of digital publications offered via the digital kiosk at any time. The digital kiosk does not offer a price guarantee or a refund in the event of a price reduction or special offer which is offered after a purchase.
- If a digital publication is no longer available after a purchase was made, but before it was downloaded, the purchase price for this digital publication will be credited back to the customer. Other legal claims of the customer remain unaffected.
- Insofar as invoices are to be issued, Media Carrier is entitled to issue them in electronic form and to send them as an email to the email address provided by the customer as part of his or her order.
§ 7 Delivery
- The digital publication ordered by the customer is available for one-time, immediate download on the website of the digital kiosk after the payment process has been completed. An internet connection with the usual transfer rate is a prerequisite for this download.
- It is the customer’s own responsibility to arrange for the download as well as any storage of the purchased digital publication. The obligation to pay the agreed purchase price remains, even if the customer subsequently fails to download and/or save the digital publication.
- After the download is complete, the digital publication is not automatically saved permanently on the customer’s device used for the download. If permanent storage is desired, the customer must initiate this separately on his or her end device.
- When taking out a subscription, the customer will also receive an email when a new edition of the digital publication is available for download. This email contains a link via which the customer can directly download and view the new edition.
§ 8 Right of revocation
- No right of revocation when purchasing individual digital publications
As part of the digital kiosk, Media Carrier offers the purchase of individual digital newspapers, journals or magazines within the meaning of § 312 g, para. 2, sentence 1, No. 7 of the German Civil Code. The customer is therefore not entitled to a statutory right of revocation, even if he or she is a consumer, in accordance with the aforementioned provision.
- Right of revocation when purchasing a subscription
Revocation policyRight of revocation
You have the right to revoke this contract within fourteen days without specifying any reasons. This right of revocation is valid for 14 days from the day the contract was concluded.
To exercise your right of revocation, you must inform us (Neue Verlagsgesellschaft mbH, Post box 137, 77649 Offenburg, Email: firstname.lastname@example.org, Telephone number: +49(0)781-6394651, Fax number:+49(0)781-6395781) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, you simply need to send us notice that you are exercising your right of revocation before the revocation period has expired.
Consequences of revocation
If you choose to revoke this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of revocation of this contract. The refund shall be issued with the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.
In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of revocation also expires if we have started executing the contract after you have expressly agreed that we will begin executing the contract before the revocation period has expired, and have confirmed that you are aware that by giving your consent you will lose your right of revocation at the beginning of the execution of the contract.
Sample revocation form
(If you would like to revoke the contract, please complete this form and send it back to us.)
- To: Neue Verlagsgesellschaft mbH, Post box 137, 77649 Offenburg, Email:email@example.com, Fax number: +49(0)781-6395781
- I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/performance of the following service (*)
- Ordered on (*)/received on (*)
- Name(s) of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notice provided in paper form)
(*) Delete as applicable.
§ 9 Rights of use
- The customer may use the digital publications including their individual components (individual texts, photos, etc.) exclusively for private, i.e. for their own, non-commercial purposes, in particular to be able to view them. Above all, any use for business or professional purposes is not private.
In particular, the customer is therefore not allowed to use the digital publication or its individual components:
- to edit or redesign and publish and exploit the result,
- to reproduce and distribute,
- to make publicly available
- In order to protect against misuse, the publisher and Media Carrier issuing the digital publication reserve the right to mark digital publications and individual content using measures that are not readily recognisable to the customer.
- The individual digital publications can be provided with different copy protection mechanisms (e.g. passwords / download keys). The customer undertakes to refrain from any circumvention or deactivation of the copy protection mechanisms used.
§ 10 Duties and obligations of the customer
- Any download keys for opening the digital publication must not be passed on to unauthorised third parties and must be kept protected from unauthorised access by third parties.
- The digital publications provided to the customer must not be misused; in particular, national and international authors, trademarks, patents, names and trademarks as well as other commercial property rights and personal rights of third parties must be observed.
- Media Carrier and its vicarious agents are to be released from all third party claims, including the costs of a necessary and appropriate legal defence, which are culpably based on an illegal use of the digital publications by the customer.
- Media Carrier advises the customer that when importing or exporting downloaded digital publications, the customer is responsible for complying with statutory regulations such as the entry requirements of the destination country. In some countries, the import of certain products is subject to country-specific restrictions or even prohibitions, particularly with regard to the presentation and content of the product purchased by the customer.
§ 11 Liability
- The respective publishing house is solely responsible for the content and completeness of the digital publications. In this respect, Media Carrier only performs a “kiosk function”.
- Limitation of liability of Media Carrier
- Media Carrier is only liable for damage, except in the event of a breach of essential contractual obligations, in the event of injury to life, body or health or in the case of claims under the Product Liability Act or a guarantee promise, if these were caused intentionally or with gross negligence by Media Carrier. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose compliance the customer can regularly rely (cardinal obligations).
- In the event of a breach of essential contractual obligations, Media Carrier is only liable for typical, foreseeable damage if this was caused simply by negligence.
- Media Carrier assumes no liability for damage to the customer caused by the violation of the customer of immigration and/or customs regulations.
- The above exclusions of liability or limitations apply accordingly to claims against companies affiliated with Media Carrier, the legal representatives and other employees of Media Carrier and vicarious agents.
§ 12 Subject to change
- Media Carrier reserves the right to expand, reduce or replace the products offered in the digital kiosk, or to terminate the offer entirely. It is also possible to restrict the availability of the entire offer, also of parts, in terms of space or time.
- Media Carrier does not guarantee that all products offered in the digital kiosk are immediately available to the customer. If a selected product is not available, no sales contract can be concluded for this product. This is indicated to the customer on the order page.
- Media Carrier reserves the right to change these General terms and conditions at any time with future effect.
§ 13 Information on the dispute settlement procedure of the consumer arbitration board
- Media Carrier is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
- The European Union has created an online dispute resolution platform at the Internet address www.ec.europa.eu/consumer/odr. Consumers can find relevant information on the given website, in particular about the possibility of using the platform to settle disputes with entrepreneurs about online sales contracts and online service contracts.
§ 14 Miscellaneous
- This contract is subject to German law to the exclusion of the UN sales law. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the State in which the customer as a consumer has his or her habitual residence, remain unaffected.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Media Carrier and the customer is Munich.
- The contract language is German.
- We do not save these General terms and conditions of use. However, the customer can call up and save the current terms and conditions on the website of the digital kiosk under “General terms and conditions”.
§ 15 Media Carrier contact details
Media Carrier can be reached at: Media Carrier Solutions GmbH c/o psw GmbH Feringastr. 6 85774 Unterföhring Email: firstname.lastname@example.org Telephone: 0049 89 32471 4264 Fax: 0049 89 32471 66 4264
Section II - exclusively free ePapers
This section II regulates the purchase of exclusively free ePapers. This section applies if the customer is asked to agree to these terms and conditions of use before the digital kiosk is displayed. The digital kiosk will not be displayed or cannot be used without the consent of the customer.
In this case, the following paragraphs apply with the proviso that no subscription contracts can be concluded: § 1; § 2 para. 1, 2 and 4; § 4 para. 1 – 4; § 7 with the proviso that the digital publication is offered for download even without completing a payment process and there is no obligation to pay the purchase price; §§ 8 – 15.
In addition, the following rules apply:
§ 1 Conclusion of the contract and correction options
- The customer can cancel the process at any time by closing the browser window. The customer can correct input errors in the respective input field.
§ 2 Prices
Use of the digital kiosk and the respective digital publication is free of charge.
Media Carrier Solutions GmbH, 02.09.2021