General Terms and Conditions and Cancellation Policy

General Terms and Conditions with Customer Information as well as Cancellation Policy for Physical Products, Subscriptions and for Digital Content

Scope
Offers and service descriptions
Order process and contract conclusion
Prices and shipping costs
Delivery, availability of goods
Special information on subscriptions
Payment modalities
Retention of title
Notes on rights of use and copyrights
Warranty for material defects and guarantee
Liability
Cancellation policy for a contract for the delivery of digital content that is not delivered on a tangible medium
Cancellation policy for consumers for a contract for the purchase of tangible products ordered as part of a single order and delivered in a single shipment or separately
Cancellation policy for consumers for a contract for the regular delivery of goods over a fixed period of time (in particular subscriptions)
Model revocation form for a declaration of revocation by consumers
Return of physical products
Storage of the contract text
Final provisions

1. scope

For the business relationship between News Consulting GmbH, Riesengasse 11, 63739 Aschaffenburg (hereinafter referred to as “Seller”) and the customer, buyer or purchaser (hereinafter collectively referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
These GTC contain provisions for physical products (e.g. print products or content on physical data carriers) as well as for non-physical products, so-called “digital content”. In the case of digital content, this involves products that are made available solely as downloads (e.g., activation keys to mobile information offerings, downloads, ePapers, or eBooks).
In the event of the purchase of our products via the online platforms, app stores or similar sales platforms offered by third-party providers (e.g. in the Apple App Store), the terms and conditions of the third-party providers shall apply.
Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions

The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid for physical products “while stocks last”, unless otherwise noted with the products. In all other respects, errors are excepted.

3. order process and conclusion of contract

The Customer can select products from the Seller’s assortment without obligation and collect them in a so-called shopping cart by clicking the button [in den Warenkorb]. Within the shopping cart the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the completion of the order process within the shopping cart by clicking the button [Weiter zur Kasse].
By clicking the button [zahlungspflichtig bestellen], the customer makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the ordering process altogether. Required information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is concluded only when the seller has shipped the ordered product within four days to the customer, handed over or confirmed the shipment to the customer within four days with a second e-mail, express order confirmation or sending the invoice. In the case of customers who are companies, the aforementioned period for dispatch, delivery or order confirmation is seven days instead of four.
If the seller offers an online payment option, the contract is concluded with the provision of the online payment option and request for payment to the customer.
If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the customer and seller without further consequences. A reservation of the article in case of advance payment is therefore made for a maximum of 10 calendar days.

4. prices and shipping costs

All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax. If net prices apply in the case of customers who are entrepreneurs, these customers will be referred to the net prices.
In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the customer on a separate information page and during the ordering process.

5. delivery, availability of goods

Physical products are delivered within the delivery time communicated with the products or otherwise in the customer information.
Digital content is provided immediately after purchase, at the latest within 24 hours. Depending on the product, the provision takes place by providing a download option or sending the digital content or access options to the digital content via e-mail or providing the digital content in a customer area. If the product consists of the provision of a digital content online without the customer being able to download this content, the digital will be kept ready for the contract period. The customer will be informed expressly and with reasonable advance notice to the extent that such call-offs can no longer be provided by the seller in the future.
For the use of the digital content, access to the Internet as well as common and usual display options that are reasonable for the customer (e.g. a browser or PDF display software) are required. The Seller assumes no responsibility for any prevention of access to digital content if it is within the Customer’s control (this applies in particular to the Customer’s access to the Internet).
If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately refund to the customer any consideration already paid.
If the delivery of the goods fails through the fault of the customer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
For customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment; the stated delivery dates and deadlines, subject to other promises and agreements, are not fixed dates.
The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller vis-à-vis customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Seller shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither he nor the seller is responsible. During the duration of this impediment, the customer is also released from his contractual obligations, in particular payment. If the delay is not reasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or after mutual consultation with the seller.
If prepayment has been agreed, delivery will be made after receipt of the invoice amount.

6. special information on subscriptions

Subscription products are delivered at the time of publication of the subscribed products. Subscriptions generally begin on the next available issue, unless a later date was specified when the order was placed. The contract is initially valid for the minimum term described in the order offer. Cancellation within the agreed minimum subscription period is not possible. The period of notice to the end of the minimum subscription period is specified in the offer on which the order is based. The following applies to trial, half-yearly and annual subscriptions as well as subscriptions from friendship advertising: After expiry of the minimum subscription period, the contract is extended for an indefinite period. The contract may then be terminated by either party at any time with effect from the next possible issue.
Customers receive information on the type, number, publication dates and number of products purchased for a subscription and on the cancellation period directly next to the respective representations of the subscriptions in the seller’s offer.

7. payment modalities

The customer can choose from the available payment methods within the framework and before completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
If third-party providers are commissioned with payment processing, e.g. Paypal. their general terms and conditions apply.
If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
The customer’s obligation to pay interest on arrears does not preclude the seller from claiming further damages caused by the delay.
The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

8. retention of title

Until full payment, the delivered goods remain the property of the seller.

9. notes on rights of use and copyrights

The products sold by the Seller are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the seller. Customers undertake to recognize and comply with the property rights.
Customers are granted the simple rights to use the purchased products for their own purposes. Commercial exploitation of the products is not permitted. In particular, digital content of the seller may not be reproduced, distributed, made publicly available or otherwise made available to third parties on the Internet, in intranets, in extranets. The public reproduction, duplication or other republication, are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the content.
The Seller is entitled to subsequently adapt and change digital content, provided that this is required for the Seller (e.g. corrections of a linguistic nature or compelling legal reasons that make an adaptation of content necessary) is reasonable for the Customer and does not impair the contractual use of the products.

10 Warranty for material defects and guarantee

Subject to the following provisions, the warranty shall be governed by statutory provisions.
A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers are informed about the warranty conditions before initiating the order process.
If the customer is an entrepreneur, he shall inspect the goods without undue delay, notwithstanding any statutory obligations to give notice of defects, and shall notify the supplier in writing of any visible material defects without undue delay, at the latest within two weeks after delivery, and of any non-visible material defects without undue delay, at the latest within two weeks after discovery. Customary deviations in quality, weight, size, thickness, width, finish, pattern and color that are permissible or minor according to quality standards are not defects.
If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods by the seller takes place
Notwithstanding the liability provisions of these General Terms and Conditions, material defects shall become statute-barred one year after the transfer of risk in the case of customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the recourse of the entrepreneur. For used goods, the warranty of customers who are entrepreneurs is excluded.
The Seller shall endeavor to keep the digital offers, in particular ordered content and content made available for download, available as uninterruptedly as possible. Due to maintenance and repair work as well as system updates or also technical malfunctions that are beyond the control of the seller, the availability may possibly be limited. A guarantee for the availability at any time is not assumed.

11. liability

The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

12. cancellation policy for a contract for the delivery of digital content that is not delivered on a physical data carrier

Cancellation policy

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Right of withdrawal

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. To exercise your right of withdrawal, you must inform us (News Consulting GmbH, Riesengasse 11, 63739 Aschaffenburg, phone: +49 (0) 6021 / 327 13 09, e-mail: info@eattravel.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

Sample cancellation form

See clause 15 of these GTC.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.

The right of revocation shall expire prematurely if we have only commenced performance of the contract after you have given your express consent thereto and at the same time confirmed your knowledge that you lose your right of revocation upon commencement of performance of the contract on our part. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

13. cancellation policy for consumers for a contract for the purchase of tangible products ordered as part of a single order and delivered in a single delivery or separately

Right of withdrawal

You have the right to cancel 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, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (News Consulting GmbH, Riesengasse 11, 63739 Aschaffenburg, phone: +49 (0) 6021 / 327 13 09, e-mail: info@eattravel.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 to refund you 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 immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct costs of returning the goods.

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

Sample cancellation form

See clause 15 of these GTC.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts

for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts

for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

14. cancellation policy for consumers for a contract for the regular delivery of goods over a fixed period of time (in particular subscriptions)

Right of withdrawal

You have the right to cancel 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, have taken or has taken possession of the first goods. To exercise your right of withdrawal, you must inform us (News Consulting GmbH, Riesengasse 11, 63739 Aschaffenburg, phone: +49 (0) 6021 / 327 13 09, e-mail: info@eattravel.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

You bear the direct costs of returning the goods.

Sample cancellation form

See clause 15 of these GTC.

15. model withdrawal form for a consumer withdrawal notice

(If you want to cancel the contract, please fill out and return this form).

– To News Consulting GmbH, Riesengasse 11, 63739 Aschaffenburg, e-mail: info@eattravel.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 in case of notification on paper)

– Date

————————————— (*) Delete as applicable

16. return of physical products

The modalities specified in this section “Returns” of the GTC are not a prerequisite for the effective exercise of the consumer’s right of withdrawal.
Customers are requested to return the physical products to the seller as a prepaid package and keep the proof of delivery. Upon request, the seller will reimburse the customer in advance for postage costs, unless they are to be borne by the customer.
Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the possession of the seller, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.

17. storage of the contract text

The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest with the delivery of the goods, customers who are consumers, also receive a copy of the terms and conditions together with the cancellation policy and the notes on shipping costs and delivery and payment terms. If customers have created a customer account, they can view their placed orders in their profile area. In addition, the seller stores the text of the contract, but does not make it available on the Internet.
Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or reference to an online source.

18. final provisions

If the Customer is an entrepreneur, the place of performance shall be the Seller’s registered office, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the Seller’s country of domicile. The right of the seller to choose another permissible place of jurisdiction remains reserved.
In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.
Contract languages are German and English.
European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

General Terms and Conditions and Cancellation Policy

General Terms and Conditions with Customer Information as well as Cancellation Policy for Physical Products, Subscriptions and for Digital Content

Table of contents

1. scope

2. offers and service descriptions

3. order process and conclusion of contract

4. prices and shipping costs

5. delivery, availability of goods

6. special information on subscriptions

7. payment modalities

8. retention of title

9. notes on rights of use and copyrights

10 Warranty for material defects and guarantee

11. liability

12. cancellation policy for a contract for the delivery of digital content that is not delivered on a physical data carrier

13. cancellation policy for consumers for a contract for the purchase of tangible products ordered as part of a single order and delivered in a single delivery or separately

14. cancellation policy for consumers for a contract for the regular delivery of goods over a fixed period of time (in particular subscriptions)

15. model withdrawal form for a consumer withdrawal notice

16. return of physical products

17. storage of the contract text

18. final provisions