General terms and conditions of business
§ 1 Contractual Partner
Media Web Services Limited
88 Standalane, Kincardine, Alloa, Scotland, FK10 4NY
Company number SC775567
Company number 2310384.01
(hereinafter referred to as contractual partner)
§ 2 General, scope
All services provided by the contractual partner for the customer are carried out exclusively on the basis of the following general terms and conditions. Deviating regulations only apply to the extent that they have been agreed between the contractual partner and the customer or are expressly stated in these general terms and conditions.
§ 3 Payment, due date, late payment
(1) Payment for the goods can be made either by credit card, PayPal, instant bank transfer or on account. The contractual partner reserves the right to accept or exclude certain payment methods in individual cases.
(2) When paying by Paypal, the customer undertakes to pay the purchase price immediately after conclusion of the contract.
(3) If the customer is in default of payment, he is responsible for any negligence during this time. He is also liable for accidents due to the service, unless the damage would have occurred even if the service had been delivered on time.
(4) Interest is to be paid on the purchase price during the delay. The default interest rate for the year is five percentage points above the base interest rate. For legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base interest rate.
(5) The assertion of further damages is not excluded.
§ 4 Delivery
(1) Delivery takes place by sending the goods to the address provided by the customer. The delivery time is generally 3-5 working days after receipt of the purchase price. This information is not binding, unless otherwise agreed.
(2) Delivery takes place against the packaging and shipping costs stated when ordering online. For deliveries abroad, unless otherwise stated, the price for packaging and shipping is calculated separately based on weight. If the customer requests a special type of shipment that incurs higher costs, he must also bear these additional costs.
§ 5 Retention of title
The goods remain the property of the contractual partner until full payment. Prior to the transfer of ownership, pledging, transfer of security, processing or redesign is not permitted without the express consent of the contractual partner.
§ 6 Prices
(1) The price stated for our goods is the final price, including any applicable VAT and other price components. The price does not include delivery and shipping costs.
(2) When the contractual partner’s website is updated, all previous prices and other information about goods become invalid.
(3) The decisive factor for invoicing is the price at the time the customer submits his offer.
§ 7 Right of withdrawal
(a) The contractual partner is entitled to withdraw from the contract with regard to a still outstanding part of the delivery or service if incorrect information has been provided about the customer’s creditworthiness or objective reasons have arisen regarding the customer’s solvency and the latter does not make advance payment at the request of the contractual partner provides suitable security before delivery or if insolvency proceedings are opened against the customer’s assets or an application to initiate insolvency proceedings is rejected due to insufficient assets to cover the costs.
(b) Regardless of the contractual partner’s claims for damages, in the event of partial withdrawal, partial services already provided must be invoiced and paid for in accordance with the contract.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is sixty days:
- In the case of a sales contract, 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.
- In the case of a contract for several goods that were ordered as part of a single order and which are delivered separately from the day on which you or a third party named by you, which is not the carrier, has or has taken possession of the last goods .
- In the case of a contract for the regular delivery of goods over a fixed period from the day on which you or a third party other than the carrier nominated by you have taken possession of the first goods.
In order to exercise your right of withdrawal, you must inform the contractual partner of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). Please fill out the following revocation form and send it to us signed by email:
– Sample cancellation form beginning –
revocation
I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*)/the provision of the following service (*):
_______________________________________________________
Order number / Order: _____________________________________
Ordered on (*)/received on (*):
__________________________________________
Name of the consumer(s):
__________________________________________
Address of the consumer(s):
__________________________________________
________________________________________
Signature of the consumer(s)
Date: __________________________________
(*) Delete what is not applicable.
– Sample cancellation form end-
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to the contractual partner immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
Returns will only be accepted if the goods are sent back prepaid, stating the name, address, telephone number and order number.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
Orders for sealed goods, e.g. food supplements, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or for goods which are not prefabricated and for the manufacture of which an individual selection or determination is made by relevant to the consumer or which are clearly tailored to the personal needs of the consumer or of goods which can spoil quickly or whose use-by date would soon be exceeded cannot be revoked.
– End of revocation –
§ 8 Warranty
(1) If the item is defective, the customer has the right to demand the elimination of the defect or the delivery of a defect-free item as supplementary performance. The contractual partner can refuse the type of supplementary performance chosen by the customer if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether another type of supplementary performance could be used without significant disadvantages for the buyer must be taken into account. In this case, the customer’s claim is limited to the other type of supplementary performance; The right of the contractual partner to refuse this under the conditions of sentence 1 remains unaffected.
(2) If the goods have already been used, wear or improper use of the goods may result in a reduction in value after return, which will be offset against a refund of the purchase price.
(3) If the purchase is a commercial transaction for both parties, the customer must inspect the goods immediately after delivery, to the extent that this is feasible in the normal course of business. If a defect becomes apparent, he must report this to us immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect becomes apparent later, the report must be made immediately after discovery; otherwise the goods are deemed approved even in view of this defect. These provisions do not apply if the defect was fraudulently concealed. To preserve the customer’s rights, it is sufficient to send the advertisement in a timely manner.
(4) If the contractual partner delivers a defect-free item for the purpose of supplementary performance, he can demand that the customer return the defective item.
(5) Damage caused by improper or non-conforming measures by the customer during installation, connection, operation or storage does not constitute a claim against the contractual partner. The impropriety and lack of conformity are determined in particular by the information provided by the manufacturer of the goods delivered.
§ 9 Limitation of Liability
(1) The contractual partner is only liable for damage other than damage to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of a material contractual obligation by the contractual partner or its vicarious agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The contractual partner is therefore not liable for the availability of the online shop at all times.
§ 10 Data protection
All personal data required to carry out the order will be stored in machine-readable form and treated confidentially. The data necessary to process an order, such as name and address, are passed on to the companies commissioned to deliver the goods as part of the delivery.
§ 11 Place of jurisdiction
The contracting parties agree on the application of the law of the British Kingdom. London is agreed as the place of jurisdiction for disputes arising from the contract.
§ 12 Severability clause
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions of these Terms and Conditions remain unaffected.
§ 13 Withdrawal from the contract
In the event of a justified withdrawal from the contract by a consumer, the purchase contract will only be refunded step by step against the return of the goods received by the buyer. The condition for this is that the goods are in their original packaging and undamaged, as well as the original invoice. For items that are affected by signs of use or whose packaging is damaged, an appropriate fee will be charged for the reduction in value. The return shipping costs are borne by the buyer.
