Terms and conditions
1.1 These terms and conditions shall apply for all contracts, deliveries and other services (including consulting services) unless otherwise agreed in individual cases.
1.2 Conditions of the customer deviating from these general terms and conditions do not have validity.
2. Order execution
2.1 The offers of falkemedia GmbH & Co. KG are always non-binding provided that they have not been expressly designated as binding upon submission.
2.2 This applies especially for the product advertised in advertisements and mailings. The prices may be deviating as well as the indication of performance data or system requirements.
2.3 The customer who can set an appropriate period for its order agrees to be bound to its order until this period expires, even if the order has been placed orally.
2.4 If the order includes other services than the delivery (installations etc.), these will be invoiced based on the stated working hour rates. Costs such as travel expenses, parking fees will be invoiced separately.
2.5 With regard to shareware, public domain and freeware, the services of falkemedia GmbH & Co. KG consist of copying those programs, ordered by the contract partner, on data mediums as well as delivering, not selling them. Therefore, falkemedia GmbH & Co. KG can not be held liable for shareware, public domain and freeware because it is not its service.
3.1 The shipping is exclusively effected by Deutsche Post/DHL
3.2 Partial deliveries are permissible, unless they are unacceptable to the purchaser. Partial deliveries will be billed separately and are each due to payment individually. Payments will be allocated proportionately to the individual deliveries of the overall order.
3.3 The shipping costs are assessed according to the price stated in our catalogue, in the ads and on the Internet.
3.4 Digital purchases (downloads) are accessible via the user account. In individual cases, the download can also be provided as a link from our servers. Digital purchases are available for at least 30 days from the date of purchase through the customer account in order to save them on a data medium. This also applies to the validity of download links. The download link is exclusively for the owner of the user account and can only be used once. The user is not entitled to receive more download links. The link must not be passed on to third-parties.
3.5 Only new customers are entitled to a premium regarding the subscription. Also, only new customers are entitled to benefit from a special subscription. The premium will be shipped after the process is completed and the receipt of payment, two to four weeks after placing the order.
4. Prices I Payments
4.1 The prices do not include the costs for packaging and shipping, unless mentioned otherwise.
4.2 The amounts of the invoice are due within 14 days after receipt without any deductions, unless noted otherwise on the invoice.
4.3 From 30 days after the invoice date, falkemedia GmbH & Co. KG has the right to charge default interests at a rate of 3% above the relevant base interest rate of the German Central Bank, unless falkemedia GmbH & Co. KG can proves higher interests or the customer proves a smaller debit by falkemedia GmbH & Co. KG.
4.4 An offset in favor of the customer is only admissible against uncontested, recognized or legally valid claims.
5. Reservation of title
5.1 Delivered goods remain in the property of the supplier falkemedia GmbH & Co. KG until the complete payment of the purchase price.
5.2 This also applies to all later claims that the falkemedia GmbH & Co. KG has against the customer in relation to to the purchased item also in connection with repairs, delivery of replacement parts or other services
5.3 In the event of behavior contrary to the contract on the part of the client, the falkemedia GmbH & Co. KG is entitled to take back the purchased item. The taking back of the goods or the seizure of the property in question amount to the cancellation of the contract.
5.4 For the duration of the retention of title, the customer has the right to the ownership and the contractual use of the purchased item. This only applies to the extent as long as the customer fulfills the obligations deriving from the retention title and the obligations resulting from the business relation in due time.
5.5 If the customer is provided with digital products (downloads) through a download link, he acquires a simple, non transferable right to these digital products, to use these products exclusively for his personal use and in the form offered. It is not permitted to make editorial changes to the downloads or to use modified versions, to provide copies to third parties or to make them publicly available or to transmit them, offer or forward them through the Internet or other networks, whether or not for any commercial purpose, to imitate or resell them or to use them for commercial purposes. If computer programs are included in the delivery, the customer is granted a simple, perpetual right to use the program as well as to create a backup copy, as long as the license terms of the respective program do not state anything to the contrary.
5.6 In the event of seizures or other actions by third parties, the customer must notify the falkemedia GmbH & Co. KG immediately in writing. He is obliged to inform the falkemedia GmbH & Co. KG in writing to assert the rights in connection with the reservation of title.
6 Warranty I Liability
6.1 The customer has to notify the falkemedia GmbH & Co. KG in writing of obvious deficiencies within 14 days of receiving the product.
6.2 In case of any justified complaints regarding the delivered goods, falkemedia GmbH & Co. KG will deliver the shortfall and will replace the defect goods, take them back or grant a discount based on its principles.
6.3 Should the elimination of the defect fail or if falkemedia GmbH & Co. KG is unwilling to eliminate the defect and make a replacement delivery or this results in a delay extending beyond an appropriate period for reasons for which the falkemedia GmbH & Co. KG is responsible, the customer is entitled to withdraw from the contract or to demand a reduction of the purchase price.
6.4 Claims for damages on the part of the customer resulting from negligence when entering into the contract, the breach of contractual secondary obligations, unauthorized actions and all other claims are excluded, unless done with intent or gross negligence on the part of falkemedia GmbH & Co. KG or its vicarious agents.
6.5 Any liability for any direct or indirect consequential damage that might result from possible software errors is not assumed. In any case, the liability is limited to the relevant invoice amount, except in case of gross negligence or intent. This limitation of liability does not apply in case of injury to life, body and health.
6.6 The warranty period is 24 month starting from the delivery of the purchased item. The same period is valid for compensation claims for consequential harm caused by a defect as long as no claims are asserted due to unlawful acts.
6.7 Should the customer notify defects concerning the delivered goods and returns partial deliveries, falkemedia GmbH & Co. KG has to refund the delivery costs in case of actual defects. If the delivery is free of defects and the stated defect should result from an application error, the customer has to pay for the delivery charges.
7 Right of revocation and consequences of revocation
Expiration of the right of revocation concerning downloads pursuant to §356 (5) BGB: I agree and explicitly consent to falkemedia starting to provide the downloads before the end of the revocation period. I am aware of the fact that I lose my right of revocation with the begin of the provision of the downloads when agreeing.
8 Service provider and customer dispute settlement
falkemedia GmbH & Co. KG
An der Halle 400 #1
falkemedia GmbH & Co. KG | UmSt.-ID: DE 295959186 | HRA 8785 Amtsgericht Kiel
PhG: falkemedia lifestyle GmbH | GF: Kassian A. Goukassian | HRB 12311 KI Amtsgericht Kiel
The falkemedia GmbH & Co. KG does not take part in a customer dispute settlement proceeding.
9 Final provisions
9.2 German law shall exclusively be applicable.
9.3 In the event that individual provisions prove to be or become ineffective, the other clauses shall be unaffected and remain valid.