General Terms and Conditions of M-Medientechnik GmbH

§ 1 Scope of application

1. All deliveries and services of M-Medientechnik GmbH (hereinafter referred to as "M-Medientechnik GmbH") shall be based on these General Terms and Conditions.

2. These General Terms and Conditions shall also apply to companies, legal entities under public law or special funds under public law within the meaning of § 310 para. 1 sentence 1 BGB (German Civil Code).

3. The form-related reference to the validity of the customer's own terms and conditions is contradicted.

§ 2 Conclusion of contract

Insofar as the customer orders goods via the website www.m-medientechnik.de or on www.m-medientechnik24.de, by e-mail, fax or telephone, the provisions set out in paragraphs 2 to 7 below shall apply.
The presentation of the goods in the online shop / platform does not constitute a legally binding offer, but an invitation to order. By ordering the desired goods via the Internet, telephone or e-mail, the customer makes a binding offer to conclude a purchase contract with M-Medientechnik GmbH. When ordering via the online shop, the customer makes a binding offer to conclude a purchase contract for the product in question as soon as he has entered all the requested details and clicked on the "Order subject to payment" button in the last step.
M-Medientechnik GmbH shall send a confirmation of the content of the offer immediately after receipt of the offer, which, however, does not yet constitute acceptance. M-Medientechnik GmbH shall be entitled to accept the customer's offer within 5 calendar days by sending an order confirmation to the customer. The contract shall be concluded upon receipt of the order confirmation. The delivery of the ordered goods shall be equivalent to the aforementioned confirmation.
The order confirmation shall be sent by e-mail. If M-Medientechnik GmbH does not know the customer's e-mail address under which e-mails can be delivered, the order confirmation shall be delivered together with the goods. Should M-Medientechnik GmbH not have accepted the customer's offer within 5 days, the offer shall be deemed to have been rejected. No purchase contract shall be concluded for products which are not listed in the order confirmation.
If the brokerage of a mobile phone and/or data tariff contract is also part of the contract, the mobile phone and/or data tariff contract shall be concluded directly with the mobile phone operator, whereby M-Medientechnik shall act as an agent of the mobile phone operator within the framework of the conclusion of the contract.
If the Customer orders a product which is only marked in the online shop / platform with the note "Pre-order now" or "Reserve now", a binding purchase contract shall be concluded between the Customer and M-Medientechnik as soon as M-Medientechnik GmbH accepts the Customer's contract offer in accordance with the above provisions. However, in such a case the customer shall have the right to cancel the contract free of charge by making a corresponding declaration to M-Medientechnik GmbH as long as the customer has not received any information about the dispatch of the goods to him or the pre-ordered goods. The possibly existing legal right of cancellation for consumers shall remain unaffected by this.
If an end customer orders goods in a quantity that is more than customary in the trade, M-Medientechnik GmbH reserves the right not to accept a corresponding contract offer and to refuse delivery.

§ 3 Prices and terms of payment

Prices quoted in the online shop as well as on trading platforms such as eBay.de are in Euro including VAT, plus delivery and shipping costs (for products offered in the online shop available on the Internet on this page, for offers on trading platforms or written offers such as eBay, letter, fax or post indicated separately in each case as shipping costs), as well as without other ancillary services (e.g. training, installation, separate accessories or software etc.), unless expressly agreed otherwise.
Invoices and any necessary reminders are usually sent to the customer by e-mail. In the case of authorities, public clients, etc., we will of course send the invoice by post.
When ordering via our online shop / platforms, invoice amounts are due within 14 days and payable without any deductions. Authorities / institutions automatically receive a payment term of 14 days from us. For business customers / merchants, the payment term will be adjusted individually. Exceptions to this rule must be expressly requested in advance and are only permissible with written confirmation.
If the payment for an online order is made by credit card, PayPal, Sofort, Klarna, paydirekt / giroplay, the settlement is made via the respective provider. You can find out which providers are used in each case transparently in our data protection regulations .
The customer is not entitled to offset. The prohibition of set-off shall not apply if the counterclaims of M-Medientechnik GmbH are not disputed, have been legally established or are ripe for decision or if they are counterclaims which are in a reciprocal relationship to the payment claims of M-Medientechnik GmbH.

§ 4 Delivery

Articles advertised at www.m-medientechnik.de and www.m-medientechnik24.de are generally provided with an availability indication which indicates a latest availability date. If an article is advertised without a specific availability indication, it shall be deemed to be available immediately. If an article is merely labelled "pre-order now" without a delivery time indication, it is not available and can only be pre-ordered (cf. § 2 para. 5.). Articles offered on trading platforms such as eBay are deemed to be immediately available. Unless otherwise agreed, M-Medientechnik GmbH shall deliver within ten days of the latest availability date stated in each case after conclusion of the contract, in the case of payment in advance within ten days of the latest availability date stated in each case from receipt of payment. If an item is available within a maximum of 4 days, M-Medientechnik GmbH shall deliver this item e.g. within 14 days from the conclusion of the contract, in the case of payment in advance within 14 days after receipt of payment. If M-Medientechnik GmbH is in default of delivery and the customer sets a grace period, this must be at least 2 weeks
Partial deliveries shall be permissible insofar as they are reasonable for the customer or the customer has confirmed them via our online shop m-medientechnik24.de.
M-Medientechnik GmbH shall be free to determine the type of dispatch, the company commissioned with the dispatch and the dispatch route at its reasonable discretion without express instructions from the buyer. The delivery of goods that cannot be shipped as a parcel shall always be made free kerbside.
If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover to the commissioned logistics partner.
If the goods are not or temporarily not available despite the prior conclusion of a corresponding purchase contract, M-Medientechnik GmbH shall inform the customer of this immediately after the order and at regular intervals thereafter. M-Medientechnik GmbH shall be released from its obligation to perform until it is supplied by the upstream supplier and may withdraw from the contract if it is unable to deliver. This shall not apply if M-Medientechnik GmbH is responsible for the non-delivery by the upstream supplier. If M-Medientechnik GmbH wishes to withdraw from the contract, M-Medientechnik GmbH shall exercise the right of withdrawal without delay. In the event of withdrawal, amounts already paid on the purchase price shall be refunded by M-Medientechnik GmbH without delay. Claims for damages by the customer shall be excluded. This shall not apply if M-Medientechnik GmbH is responsible for the non-delivery by the upstream supplier.

§ 5 Damage in transit / preclusion period for notification of defects

If goods are delivered with obvious damage to the packaging or contents, the customer must notify M-Medientechnik GmbH of this, without prejudice to his warranty rights, no later than 7 days after receipt of the goods by telephone: +49 (0)9181 883030, or by e-mail to support@m-medientechnik.de , so that M-Medientechnik GmbH for its part can assert the transport damage against the logistics company commissioned. If the customer is a merchant and the contract belongs to the operation of his trade, § 377 HGB (German Commercial Code) shall apply. If the customer is a merchant and not a consumer in the sense of § 13 BGB (German Civil Code), there shall be an obligation to give notice of defects in the sense of the preceding paragraph; in the event of failure to give notice of defects, claims for compensation against M-Medientechnik24 shall be excluded.

§ 6 Retention of title

The delivered goods shall remain the property of M-Medientechnik GmbH until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, processing or transformation shall not be permitted without the express consent of M-Medientechnik GmbH.
In relation to customers as defined in § 1 clause 2 M-Medientechnik GmbH shall retain title to the delivery item until all payments arising from the business relationship with the customer have been received. In this case the retention of title shall also extend to the recognised balance if M-Medientechnik GmbH posts claims against the customer to current invoices (current account retention). The customer shall be entitled to resell the goods in the ordinary course of business. The customer hereby assigns to M-Medientechnik GmbH all claims in the amount of the gross invoice amount accruing to him from the resale against his customers or third parties. This shall apply irrespective of whether the goods have been processed or not. The customer shall remain authorised to collect the claim after the assignment. M-Medientechnik GmbH may also collect the claim itself at its own discretion. M-Medientechnik GmbH shall not collect the claim as long as the customer meets his payment obligations towards M-Medientechnik GmbH and is not in default. In the event of default in payment the customer shall be obliged to provide all information necessary for the collection of the debt and to assist M-Medientechnik GmbH in collecting the debt. M-Medientechnik GmbH shall be obliged to release the existing securities at the customer's request insofar as their value exceeds the value of the existing claims by more than 20%. The choice of the securities to be released shall be at the discretion of M-Medientechnik GmbH.

§ 7 Warranty

There shall be a statutory right of liability for defects for delivered goods. The warranty shall be governed by the statutory provisions and the following regulations.
If the customer is acting as a consumer, the warranty period for used goods shall be one year from delivery of the goods. This does not apply

2.1 as far as the liability for damages from injury to life, body or health is concerned and this is based on an intentional or negligent breach of duty by M-Medientechnik GmbH or on an intentional or negligent breach of duty by one of its legal representatives or one of its vicarious agents.

2.2 insofar as it concerns liability for other damages and this is based on an intentional or grossly negligent breach of duty by the user or an intentional or grossly negligent breach of duty by its legal representative or vicarious agent.

3. If the customer is acting as an entrepreneur, his claims based on defects of the goods shall become statute-barred one year after receipt of the goods; the statutory limitation of claims under a right of recourse (§ 479 BGB) shall remain unaffected. Furthermore, the warranty for used goods is excluded.

4. If the Customer is a merchant, he shall be obliged to inspect the goods immediately upon receipt and, if a defect becomes apparent, to notify M-Medientechnik without delay. In this respect § 377 HGB shall apply.

4. If the customer discovers a defect in the goods and a warranty case exists, M-Medientechnik24 shall be entitled to repair or replace the goods free of charge. If M-Medientechnik24 is not prepared to rectify the defect or make a replacement delivery or if a total of three attempts at rectification fail, the customer shall be entitled to withdraw from the purchase contract or to reduce the purchase price.

5. The limitation periods stated in clauses 2. and 3. shall not apply to claims for damages in the case of intent or fraudulent concealment of a defect or insofar as M-Medientechnik GmbH has assumed a guarantee for the quality of the delivery item. They shall also not apply to claims for damages due to material defects in cases of injury to life, limb or health, in the case of claims under the Product Liability Act, in the case of a grossly negligent breach of duty or in the case of a culpable breach of essential contractual obligations. Material contractual obligations are those contractual obligations the fulfilment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner may regularly rely on, and the breach of which, on the other hand, jeopardises the achievement of the purpose of the contract.

5. Damage caused by improper measures or measures contrary to the contract on the part of the customer during installation, use, connection, operation or storage shall not constitute grounds for a claim against M-Medientechnik GmbH.

6. Before sending in defective goods the customer shall make a complete data backup at his own expense and risk.

§ 8 Data protection

In all data processing procedures (e.g. collection, processing and transmission) M-Medientechnik GmbH shall act in accordance with the statutory provisions. The personal data transmitted by the customer shall be stored electronically at M-Medientechnik GmbH. M-Medientechnik GmbH shall also be entitled to pass on the data required to process the contract to third parties engaged to process the contract.
The customer's orders shall be stored at M-Medientechnik GmbH. Should the customer lose documents relating to his orders, he may contact M-Medientechnik GmbH by e-mail, fax or telephone. M-Medientechnik GmbH will send him a copy of the data of his order by e-mail, provided that the order does not date back more than one year.
Further information on the type, scope, location and purpose of the collection, processing and use of the personal data necessary for the execution of orders can be found in the data protection declaration of M-Medientechnik GmbH.

§ 9 Right of revocation

If the customer concludes a contract with M-Medientechnik GmbH as a consumer and if the customer and M-Medientechnik GmbH use exclusively means of distance communication (e.g. ordering via an online shop or via trading platforms such as eBay.de, as well as telephone, email or fax) for the contract negotiations and the conclusion of the contract, the customer shall generally be entitled to a statutory right of revocation, about which M-Medientechnik GmbH shall provide separate instructions.

The right of revocation shall only apply to natural persons according to the German Civil Code.

§ 10 Liability

M-Medientechnik GmbH shall only be liable for damages other than those caused by injury to life, body and health insofar as these are based on intentional or grossly negligent action or on culpable breach of an essential contractual obligation, i.e. an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, by M-Medientechnik GmbH or its vicarious agents. Any further liability for damages shall be excluded. A pre-contractual liability, a liability due to the assumption of a quality guarantee as well as a liability according to the provisions of the Product Liability Act shall remain unaffected.
If an essential contractual obligation is breached, the liability of M-Medientechnik GmbH shall be limited to the foreseeable damage.
In the event of a loss of data for which M-Medientechnik GmbH is responsible, M-Medientechnik GmbH shall only be liable for such damage as would have occurred despite regular and, in view of the nature of the data, the risk of loss and the impending consequences of a loss of data, reasonable data back-up.

§ 11 Final provisions

Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the other agreements.
If the customer does not have a general place of jurisdiction within the European Union or if he is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims arising from the contractual relationship shall be 92348 Berg near Neumarkt in der Oberpfalz. However, M-Medientechnik GmbH shall also be entitled to bring an action at the customer's place of business.
German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods, also in cross-border delivery transactions. If the customer is a consumer, the mandatory consumer protection provisions applicable in the state in which the customer has his habitual residence shall also apply, provided that these offer the customer further protection.

M-Medientechnik GmbH

Karl-Schiller-Straße 3
92348 Berg b. Neumarkt in der Oberpfalz

Phone: +49 9181 883030 (Monday to Thursday 07:30-17:00 - Friday 07:30-14:00)
Fax: +49 9181 8830399
E-mail: shop@m-medientechnik.de

Managing Director: Marco Mentzel

Head of Purchasing - Onlineshop: Jürgen Klein

Commercial register: Nuremberg Local Court
Register number: HRB 24946

VAT ID: DE264622390

Your right of withdrawal as a consumer

Cancellation policy for the delivery of goods

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. If you have ordered several goods as part of a single order and these are delivered separately, the cancellation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. If you have ordered goods that are delivered in several partial consignments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece. If you have ordered goods to be delivered regularly over a fixed period of time, the withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken or has taken possession of the first goods.

In order to exercise your right of withdrawal, you must inform us (M-Medientechnik GmbH, Karl-Schiller-Straße 3, 92348 Berg bei Neumarkt in der Oberpfalz, Tel.: 09181 883030, Fax: 09181 8830399, E-Mail: widerruf@m-medientechnik.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

The right of withdrawal does not apply to the delivery of

a) goods which are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive,

b) goods that are clearly tailored to your personal needs,

c) sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g. electric toothbrushes),

d) sound or video recordings or computer programs in a sealed package, if the seal has been removed after delivery,

e) newspapers, periodicals and magazines with the exception of subscription contracts.

f) contracts for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. Notwithstanding the foregoing, we shall bear the costs of returning goods that can be sent by parcel post if you use the enclosed return note for the return or - if a return note is not enclosed - if you use the return note provided by us on request. In the case of a return of goods that cannot be sent as a parcel, the costs are 79€ incl. VAT.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Deviating return costs regulation for Germany

We bear the direct costs of returning the goods if the return takes place within Germany.

Financed transactions

If you finance this contract by means of a loan and later revoke it, you are also no longer bound by the loan contract, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall enter into our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the revocation.

Cancellation policy for the purchase of digital content that is not delivered on a physical data carrier

Right of withdrawal for consumers

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (M-Medientechnik GmbH, Karl-Schiller-Straße 3, 92348 Berg bei Neumarkt in der Oberpfalz, Tel.: +49 9181 883030, Fax: +49 9181 8830399, E-Mail: widerruf@m-medientechnik.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

Special notes

Your right of cancellation will expire prematurely if we have commenced performance of the contract after you have expressly agreed that we may commence performance of the contract before the end of the cancellation period and you have confirmed your knowledge that by agreeing to this you will lose your right of cancellation on commencement of performance of the contract.

If you finance this contract by means of a loan and revoke it later, you are also no longer bound by the loan contract, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall enter into our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the revocation.

Cancellation policy for contracts for services

Right of withdrawal for consumers

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Special notes

Your right of cancellation will expire early if we have fully performed the service owed and have only started to perform the service after you have given your express consent to do so and at the same time confirmed your knowledge that you will lose your right of cancellation upon full performance of the contract by us.

If you finance this contract by means of a loan and revoke it later, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation becomes effective, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation.

Model revocation form

(If you wish to revoke the contract, please complete and return this form)

M-Medientechnik GmbH
Karl-Schiller-Strasse 3
92348 Berg near Neumarkt in der Oberpfalz

Fax: +49 9181 8830399
E-mail: widerruf@m-medientechnik.de

- I/we (*) hereby revoke 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 consumer(s) (only in case of paper communication)

- Date

_________

(*) Delete where inapplicable.

M-Medientechnik GmbH from 01.05.2023

General Terms and Conditions of M-Medientechnik GmbH

Cancellation policy for the delivery of goods

Cancellation policy for the purchase of digital content that is not delivered on a physical data carrier

Cancellation policy for contracts for services

Model revocation form

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