General Terms and Conditions of SMB Sport Media Berlin GmbH (GTC)
An order for goods (magazines, other products) or the provision of digital content by subscription (eMagazine), also as an app subscription, is based on these General Terms and Conditions. Deviating terms and conditions of the customer are not valid.
1st contract partner
SMB Sport Media Berlin GmbH (“Publisher”)
Neue Grünstr. 28
10179 Berlin
Registered office of the company: Berlin
Register Court Charlottenburg Local Court
Managing Director: Ingo Volckmann
Sales tax identification number: DE 3512337661
All information relates to the distribution of Boxsport Magazine and the associated services in digital form.
2. contacts
a) Contact editorial office
Editorial office Wipperfürth GmbH
Schanzenstraße 36, Building 31a, 51063 Cologne,
Tel.: 0221/9608-800
Fax: 0221/9608-550
E-mail: redaktion@box-sport.de
Internet: www.box-sport.de
b) Contact Subscription
MÖLLER PRO MEDIA®GmbH
Zeppelinstraße 6 | 16356 Ahrensfelde
boxsport@moellerpromedia.de
| Tel: | +49 (0)30 / 419 09-341 |
| www.moellerpromedia.de | |
3. orders and conclusion of contract
The information on our website constitutes a non-binding offer to place an order. By clicking on the “Buy now” button, you place a binding order for the goods contained in the shopping cart. After sending the order, you will receive a confirmation of receipt. This does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail within two working days. A contract is only concluded with this acceptance.
In the case of orders for digital content, the contract is generally concluded when the order is confirmed by e-mail, but at the latest when the content is made available.
Before submitting a binding order via the online order form, you have the option of continuously correcting your entries or canceling the order. The details will be displayed again in a window before the binding submission of the order and can also be corrected there.
Your order by postcard/coupon or by telephone is a binding offer. This can be accepted by us by sending an order confirmation or the ordered goods/magazines or by providing the contents.
4. storage of the contract text
We save the contract text of your order. We will also send you an order confirmation with all order details and our General Terms and Conditions to the e-mail address you have provided.
5. prices/shipping costs
All prices quoted include the statutory value added tax.
For orders of merchandise and single issues, the shipping costs indicated in each case will also be charged.
6. subscriptions
The order relates to the subscription period specified in the order. Cancellation is possible at the earliest at the end of an agreed minimum subscription period. The subscription is extended indefinitely after the end of the agreed minimum subscription period and can be canceled at any time with one month’s notice in text form or via the cancel button.
Re-registrations, forwarding orders and changes to subscriptions must be submitted to the Möller Pro Media subscription service in text form at least 6 days before the desired date. In the case of regular print subscriptions for an indefinite period, delivery interruptions are generally possible. This does not apply to special forms (short and promotional subscriptions).
The required information must be provided correctly. The publisher is not liable for magazines that are lost due to incomplete or incorrect address details provided by the customer or failure to notify a change of address in good time.
Payment of the subscription price is due in advance in accordance with the agreed method of payment.
In the event of a general increase in the subscription price, which is announced in the magazine, the new price shall apply to the subscription ordered from the time of the increase, even within the minimum subscription period. If advance payment has been made, the price increase shall only apply after the end of this advance payment period. In the event of such a price increase, the subscription can be terminated in text form or via the termination button at the end of the last month before the price increase takes effect (special right of termination).
7. delivery
The goods will be delivered within the period specified when the order is placed. Subscription bonuses and additions to subscriptions will not be delivered before receipt of the (first) payment by the publisher. This also applies to the payment of cash bonuses to advertisers.
In the case of orders for digital content, delivery is made using the login information provided in the order confirmation. No additional delivery costs will be charged. Access to ordered content will be provided with the publication of the next issue.
In the event of delivery disruptions due to force majeure (including strikes and lockouts), the performance obligations of the customer and the publisher shall be suspended for the duration of the delivery disruption.
Subscription bonuses and premium items will be delivered while stocks last.
8 Digital offers, rights of use
By making the individual digital contents available, you receive the simple right to use them for your own purposes. Any further use – in particular publication on the Internet – as well as unauthorized duplication, distribution or public access to the content, whether free of charge or against payment, is not permitted. Copyright information and source references may not be removed. Editing and other manipulation of the content is not permitted. The rights of use granted are not transferable or sublicensable and are subject to full payment. The access data must be stored securely and may not be passed on to third parties – not even within a company. Uses permitted under copyright law are not restricted.
The publisher reserves the right to block access to the digital editions if the access data is misused through the fault of the user, e.g. by forwarding it to third parties. The same applies to the forwarding of content from the digital editions to third parties. In such cases, the user remains obliged to pay the agreed price and must compensate for the damage caused by the misuse.
The publisher is entitled to revise, update or otherwise change the content at any time if this should be necessary for technical, legal or content-related reasons. This also applies to the deletion or blocking of individual contents.
The publisher endeavors to keep the ordered content available as uninterruptedly as possible. Maintenance and repair work, system updates or technical faults beyond the publisher’s control may limit availability. No guarantee is given for availability at all times.
The publisher is entitled to restrict access to the digital editions if this is necessary to avoid serious disruption to the network, the software or the data, for legal reasons or to maintain and ensure the security of network operations.
The customer is responsible at his own expense for ensuring that he has access to the Internet or electronic media that meets the current technical standards and that he can retrieve properly provided digital content.
The digital editions are also available in applications (apps) for use via corresponding devices. If registration on a third-party portal (e.g. Apple App Store, Google Play Store) is required to obtain and/or use the app/s, the GTC/terms of use of this portal shall apply.
If special software is required to access the content, its terms and conditions shall apply. The customer shall ensure the installation of this software.
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9. revocation instruction
If the customer is a consumer, i.e. a natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity, they have a right of withdrawal as follows:
9.1.
There is no right of withdrawal for contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts.
9.2. Cancellation policy for deliveries of goods
Right of withdrawal
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 on which you or a third party named by you, who is not the carrier, took possession of the goods.
In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the withdrawal 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.
In the case of a contract for the delivery of goods in several partial shipments or pieces, 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 or has taken possession of the last partial shipment or the last piece
In the case of a contract for the regular delivery of goods 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, took possession of the first goods.
To exercise your right of withdrawal, you must inform us (here: Abo-Service der Möller Pro Media GmbH; boxsport@moellerpromedia.de, Zeppelinstraße 6 | 16356 Ahrensfelde) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
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 the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to an extent that is not necessary to check the nature, properties and functioning of the goods.
9.3. Cancellation policy for digital content
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (Abo-Service Möller Pro Media GmbH; Zeppelinstraße 6 | 16356 Ahrensfelde; boxsport@moellerpromedia.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 withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
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.
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10 Retention of title, rights of use
Ordered goods remain the property of the publisher until the agreed remuneration has been paid in full. In the case of orders for digital content, the corresponding rights of use are only granted on a revocable basis until full payment has been made.
11. set-off
The customer is only entitled to offset if and insofar as his claims have been legally established, are undisputed or have been recognized by the publisher. The customer is also entitled to offset against claims of the publisher if he asserts notices of defects or counterclaims from the same purchase contract. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
12. liability
12.1. Claims for damages and reimbursement of expenses by the customer (hereinafter: claims for damages), irrespective of the legal grounds, in particular due to breach of duties arising from the contractual obligation and from tort, are excluded. This shall not apply where liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, limb or health, or breach of material contractual obligations. However, the claim for damages for the breach of essential contractual obligations, i.e. obligations whose fulfillment is essential for the achievement of the purpose of the contract and the proper execution of the contract and on whose compliance the client may regularly rely, is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
12.2. The liability provisions of Section 12.1. shall apply accordingly in favor of the Publisher’s employees, legal representatives and vicarious agents.
13. final provisions
13.1. Place of jurisdiction
Insofar as claims of the publisher are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the domicile or habitual residence of the customer/user is unknown at the time the action is brought or if he has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the publisher.
In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action is the publisher’s registered office.
13.2. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.3. The publisher is entitled to amend these GTC at any time with effect for the future. They shall apply in the version valid at the time the contract is concluded.
13.4. The publisher does not participate in dispute resolution procedures in accordance with the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
Status: January 2024
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Withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back to us).
To
Subscription service
Möller Pro Media GmbH
Boxing magazine
Zeppelinstraße 6 | 16356 Ahrensfelde
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 the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.