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 or M-Medientechnik24.de") are based on these General Terms and Conditions.

2. These General Terms and Conditions 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. Any reference in the form to the validity of the customer's own terms and conditions is hereby rejected.

§ 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 submits a binding offer to conclude a purchase contract with M-Medientechnik GmbH. When ordering via the online shop, the Customer submits a binding offer to conclude a purchase contract for the relevant product as soon as he has entered all the required information and clicked on the "Order with obligation to pay" button in the last step.
M-Medientechnik GmbH will send a confirmation of the content of the offer immediately after receipt of the offer, which does not constitute acceptance. M-Medientechnik GmbH is entitled to accept the customer's offer within 5 calendar days by sending an order confirmation to the customer. Upon receipt of the order confirmation, the contract is concluded. The delivery of the ordered goods is equivalent to the aforementioned confirmation.
The order confirmation is sent by e-mail. If M-Medientechnik GmbH does not know the Customer's e-mail address at which e-mails can be sent, the order confirmation will be sent together with the goods. If M-Medientechnik GmbH has not accepted the Customer's offer within 5 days, the offer shall be deemed rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
If the mediation of a mobile phone and/or data tariff contract is also part of the contract, the mobile phone or data tariff contract is concluded directly with the mobile phone operator, whereby M-Medientechnik GmbH acts as an intermediary of the mobile phone operator within the scope of the conclusion of the contract.
If the Customer orders goods that are only labelled "Pre-order now" or "Reserve now" in the online shop / platform, a binding purchase contract is 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. In such a case, however, the Customer has the right to cancel the contract free of charge by a corresponding declaration to M-Medientechnik GmbH, as long as the Customer has not yet received information about the dispatch of the goods to him or the pre-ordered goods. Any existing statutory right of cancellation for consumers remains unaffected by this.
If an end customer orders goods in a quantity exceeding the usual commercial quantity, M-Medientechnik GmbH reserves the right not to accept a corresponding contractual offer and to refuse delivery.

§ 3 Prices and terms of payment

Prices quoted in the online shop and 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 this page, for offers on trading platforms or written offers such as eBay, letter, fax or post separately indicated 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 generally sent to the customer by e-mail. In the case of public 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 must be paid without any deductions. Public authorities / institutions automatically receive a payment term of 14 days. For business customers / merchants, the payment term is adjusted individually. Exceptions to this rule must be expressly requested in advance and are only permitted with written confirmation.
If payment for an online order is made by credit card, PayPal, Sofort, Klarna, paydirekt / giroplay, billing is carried out via the respective provider. You can transparently read which providers are used in each case in our privacy policy .
The customer is not entitled to set-off. The prohibition of offsetting does not apply if the counterclaims of M-Medientechnik GmbH are not disputed, legally established or ready for judgement or if they are counterclaims that 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 labelled with an availability date, which indicates the latest date of availability. If an item is advertised without any specific availability information, it is deemed to be available immediately. If an item is only labelled "Pre-order now" without a delivery time, it is not available and can only be pre-ordered (see Section 2 (5)). Items offered on trading platforms such as eBay are deemed to be immediately available. Unless otherwise agreed, M-Medientechnik GmbH shall deliver within ten days from the latest date of availability specified in each case after conclusion of the contract, in the case of payment in advance within ten days from the latest date of availability specified in each case after receipt of payment. If an article is available within max. 4 days, M-Medientechnik GmbH delivers this article e.g. within 14 days after conclusion of the contract, in 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 are permitted if they are reasonable for the customer or if he has confirmed them via our online shop m-medientechnik24.de.
M-Medientechnik GmbH is free to determine the mode of dispatch, the company commissioned with the dispatch and the dispatch route at its reasonable discretion without express instructions from the buyer. Goods that cannot be sent by parcel post shall always be delivered 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 will inform the customer immediately after the order and at regular intervals thereafter. M-Medientechnik GmbH is exempt from the obligation to perform until the self-delivery by the supplier and can withdraw from the contract in case of non-deliverability. This does not apply if M-Medientechnik GmbH is responsible for the non-delivery by the supplier. If M-Medientechnik GmbH wishes to withdraw from the contract, M-Medientechnik GmbH shall exercise the right of withdrawal immediately. In the event of cancellation, any amounts already paid on the purchase price will be refunded immediately by M-Medientechnik GmbH. Claims for damages by the Customer are excluded. This does not apply if M-Medientechnik GmbH is responsible for the non-delivery by the supplier.

§ 5 Transport damage / 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 at the latest 7 days after receipt of the goods by phone: +49 (0)9181 883030, or by e-mail to support@m-medientechnik.de , without prejudice to his warranty rights, so that M-Medientechnik GmbH can assert the transport damage against the commissioned logistics company. If the customer is a merchant and the contract belongs to the operation of his trade, § 377 HGB applies. If the customer is a merchant and not a consumer within the meaning of § 13 BGB, there is an obligation to give notice of defects within the meaning of the preceding paragraph; in the event of failure to give notice of defects, claims for compensation against M-Medientechnik GmbH are excluded.

§ 6 Retention of title

The delivered goods remain the property of M-Medientechnik GmbH until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without the express consent of M-Medientechnik GmbH.
M-Medientechnik GmbH reserves the right of ownership of the delivery item towards customers according to § 1 clause 2 until receipt of all payments from the business relationship with the customer. In this case, the retention of title also extends to the recognised balance if M-Medientechnik GmbH books claims against the customer in current invoices (current account reservation). The customer is authorised 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, which accrue to him from the resale against his customers or third parties. This applies regardless of whether the goods have been processed or not. The Customer remains 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 fulfils his payment obligations towards M-Medientechnik GmbH and is not in default of payment. In the event of default of payment, the Customer is obliged to provide all information necessary for the collection of the claim and to support M-Medientechnik GmbH in the collection of the claim. M-Medientechnik GmbH is obliged to release the existing securities at the request of the Customer to the extent that their value exceeds the value of the existing claims by more than 20%. The selection of the securities to be released is at the discretion of M-Medientechnik GmbH.

§ 7 Warranty

A statutory warranty right exists for delivered goods. The warranty is based on the statutory provisions and the following regulations.
If the customer acts as a consumer, the warranty period for used goods is one year from delivery of the goods. This does not apply

2.1 as far as the liability for damages resulting 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 as far as the liability for other damages is concerned 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 acts as an entrepreneur, his claims due to defects in the goods shall become time-barred one year after receipt of the goods; the statutory limitation period for recourse claims (§ 479 BGB) shall remain unaffected. In addition, the warranty for used goods is excluded.

4. If the customer is a merchant, he is obliged to inspect the goods immediately upon receipt and, if a defect is found, to notify M-Medientechnik GmbH immediately. In this respect, § 377 HGB applies.

4. If the customer discovers a defect in the goods and a warranty case is given, M-Medientechnik GmbH is entitled to repair or replace the goods free of charge. If M-Medientechnik GmbH is not prepared to remedy the defect or make a replacement delivery or if a total of three attempts to remedy the defect fail, the customer is entitled to withdraw from the purchase contract or to reduce the purchase price.

5. The limitation periods mentioned in paragraphs 2. and 3. do 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 also do not apply to claims for damages due to material defects in cases of injury to life, body 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 culpable breach of essential contractual obligations. Essential contractual obligations are those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, and whose breach on the other hand jeopardises the achievement of the purpose of the contract.

5. Damage caused by improper or non-contractual measures of the customer during installation, use, connection, operation or storage shall not give rise to any claim against M-Medientechnik GmbH.

6. Before sending in defective goods, the Customer must carry out a complete data backup at his own expense and risk.

§ 8 Data protection

In all processes of data processing (e.g. collection, processing and transmission) M-Medientechnik GmbH acts in accordance with the statutory provisions. The personal data transmitted by the customer are stored electronically at M-Medientechnik GmbH. M-Medientechnik GmbH is authorised to pass on the data required for the execution of the contract to third parties involved in the execution of the contract.
The customer's orders are stored at M-Medientechnik GmbH. Should the Customer lose documents relating to his orders, he can 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 was not placed more than one year ago.
Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the fulfilment of orders can be found in M-Medientechnik GmbH's privacy policy.

§ 9 Right of cancellation

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 for the contract negotiations and the conclusion of the contract (e.g. order via an online shop or via trading platforms such as eBay.de, as well as telephone, email or fax), the Customer is generally entitled to a statutory right of cancellation, about which M-Medientechnik GmbH informs separately.

The right of cancellation applies only to natural persons according to BGB.

§ 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 whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, by M-Medientechnik GmbH or its vicarious agents. Any further liability for damages is 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 remain unaffected.
If an essential contractual obligation is violated, the liability of M-Medientechnik GmbH is 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 that would have occurred despite regular and, in view of the type of data, the risk of loss and the imminent consequences of data loss, appropriate data backup.

§ 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 has no 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 is also entitled to bring an action at the customer's place of business.
German law shall apply exclusively, excluding 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 country in which the customer has his habitual residence shall also apply, provided that they 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

Commercial register: Nuremberg Local Court

VAT ID: DE264622390

Your right of cancellation as a consumer

Cancellation policy for the delivery of goods

Right of cancellation

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

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 possession of the goods. If you have ordered several goods as part of a single order and these are delivered separately, 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 goods. If you have ordered goods that are delivered in several partial shipments 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 shipment or the last piece. If you have ordered goods that are to be delivered regularly over a fixed period of time, 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 possession of the first goods.

To exercise the right to cancel, you must inform us (M-Medientechnik GmbH, Karl-Schiller-Straße 3, 92348 Berg bei Neumarkt in der Oberpfalz, phone: 09181 883030, fax: 09181 8830399, e-mail: widerruf@m-medientechnik.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

The right of cancellation does not apply to the delivery of

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

b) goods that are clearly customised to your personal requirements,

c) sealed goods that 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) audio or video recordings or computer programs in a sealed package if the seal has been removed after delivery,

e) Newspapers, magazines and periodicals 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 cancellation period.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. Notwithstanding this, 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 you use the return note provided by us on request if a return note is not enclosed. In the case of a return of goods that cannot be sent by parcel post, the costs are €79 incl. VAT.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Deviating return costs regulation for Germany

We bear the direct costs of returning the goods if the return is made within Germany.

Financed transactions

If you finance this contract with a loan and later cancel it, you are no longer bound by the loan agreement if both contracts form a single economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our co-operation with regard to the financing. If we have already received the loan when the cancellation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the cancellation.

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

Right of cancellation for consumers

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

The cancellation period is fourteen days from the day the contract is concluded.

To exercise the right to cancel, you must inform us (M-Medientechnik GmbH, Karl-Schiller-Straße 3, 92348 Berg bei Neumarkt in der Oberpfalz, phone: +49 9181 883030, fax: +49 9181 8830399, e-mail: widerruf@m-medientechnik.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 any fees for this repayment.

Special notes

Your right of cancellation expires prematurely if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the expiry of the cancellation period and you have confirmed your knowledge that you will lose your right of cancellation by giving your consent at the start of the execution of the contract.

If you finance this contract with a loan and later cancel it, you are also no longer bound by the loan agreement if both contracts form a single economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our co-operation with regard to the financing. If we have already received the loan when the cancellation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the cancellation.

Cancellation policy for contracts for services

Right of cancellation for consumers

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

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

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 any fees for this repayment.

If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Special notes

Your right of cancellation shall expire prematurely if we have provided the service owed in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of cancellation if we have fulfilled the contract in full.

If you finance this contract with a loan and later cancel it, you are also no longer bound by the loan agreement if both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our co-operation with regard to the financing. If we have already received the loan when the cancellation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the cancellation.

Sample cancellation form

(If you wish to cancel the contract, please complete this form and return it to us)

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 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 for notification on paper)

- Date(s)

_________

(*) Delete as applicable.

M-Medientechnik GmbH from 01.05.2023