Section I: ePapers available for order (at a fee or for free)
Section I is about digital publications that can be ordered individually at a fee or for free via the digital newsstand within the framework of an order process. Section II regulates the solely free acquisition of digital publications via the digital newsstand.
§ 1 Scope
The “digital newsstand” is operated by:
- Media Carrier GmbH
- Managing directors authorised to represent the company:
- Dr. Holger Bingmann, Philipp J. Jacke
- Muthmannstraße 1
- 80939 Munich, Germany
- Registry court: Munich District Court, HRB no. 194121
- VAT ID no. DE 177565626
- (hereinafter referred to as: Media Carrier).
§ 2 Object of the contract
- Within the framework of the respective service, Media Carrier shall offer the customer as the consumer, on the website being presented here, digital reading material such as magazines and newspapers (hereinafter referred to as: digital publications) from various publishers for downloading in PDF format depending on availability (hereinafter referred to as: digital newsstand), but not the option of taking out a subscription.
- A consumer is any natural person who concludes a legal transaction for purposes that cannot be largely assigned either to his or her business activity or freelance occupation.
- The digital publications are fundamentally available at a fee. In individual cases, however, free downloads of digital publications are also available to the customer. Media Carrier shall decide whether and in what number free digital publications can be downloaded by the customer. This can be seen in the order process in each case.
- Unless otherwise stipulated in individual cases, contractual relationships are concluded between the customer and Media Carrier.
§ 3 Conclusion of the contract and options for correction
- The depiction of the digital publications in the digital newsstand does not constitute any legally binding offer on the part of Media Carrier to conclude a purchase agreement. By clicking on the respective digital publication, the customer will be directed to the order page. When the customer clicks on the button “Buy now”, he or she submits a binding offer to Media Carrier to conclude the purchase agreement regarding the selected digital publication at the price conditions stated there. The acceptance of the contract by Media Carrier depends on the selected payment method:
- Mobile telephone
After submitting the order, the customer will receive an SMS in which he or she is asked to confirm the purchase price with a TAN. If the customer provides this confirmation, the purchase agreement regarding the selected digital publication is concluded.
- Credit card
After submitting the order, the customer is asked to provide his/her credit card details and to confirm the payment of the purchase price. After confirmation of the payment, Media Carrier will ask the credit card company directly to initiate the payment transaction and will thus accept the customer’s offer so that the purchase agreement is concluded.
After submitting the order, the customer will be transferred to the website of PayPal. There, he or she can provide his/her payment details and confirm the payment instruction to PayPal. By confirming the payment instruction, Media Carrier accepts the offer so that the purchase agreement is concluded.
- Free of charge
If the customer is provided with the digital publication free of charge, the contract is concluded when Media Carrier sends an e-mail to the customer within 2 days. The sending of the e-mail constitutes the acceptance of the contract by Media Carrier.
- Mobile telephone
- The customer can cancel the order process at any time by closing the browser window or by clicking on the “Cancel” button. The customer can correct input errors on the order form in the respective input field.
§ 4 Requirements for the use of the digital newsstand
- In order to be able to use the digital newsstand and read and save digital publications offered for download, certain minimum technical requirements must be met by the customer for which further costs may be incurred (e.g. an Internet- or WLAN-enabled terminal device such as iPad, iPhone, Notebook, Smartphone; an operating system such as Windows, macOS, iOS, Android etc.; Internet access with a transmission rate normally available on the market and software in order to be able to display and save the contents of a PDF file, in particular the program Adobe Reader of Adobe Systems Inc. in the respective current version). The use of the digital newsstand can depend on the performance of the aforementioned factors. Further terms and conditions of use and the licence can apply for the programs and regular updates may be necessary.
- There must be an uninterrupted connection to the Internet, at least for the time of the download. The Internet connection will not be provided by Media Carrier. Depending on the provider of the Internet access, further costs may result for the customer for the use of the Internet and the downloading of the data volume associated with the digital publication. These are not associated with the services of Media Carrier and are not included in the price of the digital publication.
- If the customer is to download and, if applicable, also permanently save the digital publication, the customer must ensure that he/she has sufficient memory space for the digital publication on the storage medium envisaged by him/her for this purpose.
- We wish to point out to the customer that he/she is responsible for the fulfilment of these requirements, which can change from time to time. The Internet access and the possibility of saving the data volume of the data publication are not part of a product or service of Media Carrier.
- The customer must have an e-mail address and indicate this during his/her order, so that Media Carrier can send a confirmation of his/her order to him/her at this address.
§ 5 Payment
- By ordering a digital publication at a fee, the customer is obligated to pay the price agreed. This obligation exists irrespective of whether the download of the digital publication is possible at this point in time or will only be made possible by Media Carrier after the conclusion of the payment process. The customer is obligated to pay in advance.
- Media Carrier offers the following payment methods: mobile telephone, credit card and PayPal. For each order, however, Media Carrier reserves the right not to offer certain payment methods and to refer to other payment methods.
- Mobile telephone
After submitting the order, the customer will be asked to confirm the invoice amount for payment via his/her mobile operator. Immediately after this confirmation, the invoice amount will be added to the customer’s mobile telephone bill. The customer will receive further information in the order process.
- >Credit card
After submitting the order, the customer will send his/her credit card details. Immediately thereafter, Media Carrier will ask the respective credit card company to initiate the payment transaction. The payment transaction will automatically be carried out by the credit card company and charged to the customer’s credit card.
After submitting the order, the customer will be transferred to the website of PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered with PayPal or must first register with them, identify himself/herself with his/her access data and confirm the payment instruction to Media Carrier. When paying by PayPal, a fee will be charged, the amount of which is displayed on the order form.
- Mobile telephone
§ 6 Prices and terms of payment
- The total price includes the respective applicable statutory VAT and other price components, as well as fees for the selected payment method, if indicated. No shipping costs will be incurred.
- All prices are indicated in Euros.
- As long as no purchase contract has yet been concluded for the respective digital publication, Media Carrier can amend the prices of digital publications that are offered via the digital newsstand at any time. The digital newsstand does not offer any price guarantee nor does it grant any reimbursement of the purchase price in the event of a price reduction or a special offer that is offered after a purchase.
- If a digital publication is no longer available after a purchase but before the download, the customer will be credited the purchase price for this digital publication again. Other statutory claims of the customer remain unaffected.
- If invoices are to be issued, Media Carrier is entitled to issue them in electronic form and to send them as an e-mail to the e-mail address communicated by the customer within the framework of his/her order.
§ 7 Delivery
- After completion of the payment process, the digital publication ordered by the customer will be available on the website of the digital newsstand for a one-off, immediate download. An Internet connection with a standard transmission rate and capable of lasting the entire duration of the download is the requirement for this download.
- The customer has to initiate the download himself/herself on his/her own authority and responsibility; this also applies to any possible saving of the digital publication purchased. The obligation to pay the agreed purchase price continues to apply even if the customer subsequently refrains from downloading and/or saving the digital publication.
- After completion of the download, the digital publication is not automatically permanently saved on the customer’s device used for download. If a permanent saving is required, the customer must initiate this separately on his/her terminal device.
§ 8 No right of cancellation
Within the framework of the digital newsstand, Media Carrier only offers digital newspapers, journals or magazines pursuant to Section 312 (g) subsection 2 clause 1 no. 7 of the German Civil Code (BGB). Pursuant to the aforementioned regulation, the customer is therefore not entitled to any legal right of cancellation even if he or she is himself/herself a consumer.
9 Usage rights
- The customer may only use the digital publications plus their individual components (individual texts, photos, etc.) solely for private purposes, i.e. for his/her own non-commercial purposes, in particular in order to be able to look at them. Above all, any use of the publications for entrepreneurial or professional purposes constitutes non-private use.
The customer may therefore not do the following in particular:
- edit or re-design the digital publication or its individual components with the aim of publishing and utilising the end product,
- reproduce and disseminate the digital publication or its individual components,
- make the digital publication or its individual components publicly accessible
if this is not permitted by law (e.g. Section 53 of the Copyright Act [UrhG], Reproduction for private and other personal use, etc.).
No further usage rights will be granted to the customer with regard to the digital publication and its individual components – either by Media Carrier or by the issuing publisher. In particular, the copyrights of the original rights holder shall remain the preserve of the latter with regard to the digital publication and its individual components, even after the download.
The aforementioned granting and limiting of rights also applies to content such as images and texts that Media Carrier itself presents within the framework of its digital newsstand.
- To protect against misuse, the publisher issuing the digital publication and Media Carrier reserve the right to mark digital publications and individual content using methods that are not automatically discernible for the customer.
- The individual digital publications can have different copy protection mechanisms (e.g. passwords / download keys). The customer undertakes to refrain from any attempt to bypass or deactivate the copy protection mechanisms used.
§ 10 Duties and obligations of the customer
- Any download keys to open the digital publication may not be passed on to third parties and are to be kept in a place protected against unauthorised access by third parties.
- The digital publications provided to the customer may not be misused, in particular, the national and international copyright, trademark, patent, naming and labelling rights as well as other industrial protection rights and personal rights of third parties must be complied with.
- Media Carrier and its vicarious agents are to be indemnified against all claims by third parties, including the costs of necessary and appropriate legal defence that are culpably based on unlawful use of the digital publications by the customer.
- Media Carrier would like to point out that the customer him-/herself must, where applicable, on his/her own account comply with any statutory regulations of the individual destination countries, such as entry requirements during the import and/or export of downloaded digital publications. In many countries, the import of certain products is subject to country-specific restrictions, or even prohibited, in particular with regard to the presentation and content of the product purchased by the customer.
§ 11 Liability
- The respective issuing publisher is solely responsible for the content and completeness of the digital publications. In this regard, Media Carrier merely has a “newsstand function”.
- Limitation of liability for Media Carrier
- Media Carrier is liable for damage, except in the case of a breach of fundamental contractual obligations, in the event of injury to life, body or health or in the event of claims arising from product liability law or a guarantee assurance – only if this has been caused by Media Carrier in a wilful or grossly negligent manner. Fundamental contractual obligations are those whose fulfilment is necessary to attain the contractual purpose and in whose compliance the customer may regularly trust (cardinal obligations).
- If fundamental contractual obligations are breached, Media Carrier is only liable for foreseeable damage typical of such contracts, if this has been caused through sheer negligence.
- Media Carrier does not assume any liability for damage incurred by the customer through breach of entry and/or customs regulations by him/her.
- The aforementioned exclusions or limitations of liability apply accordingly for claims against companies affiliated with Media Carrier, legal representatives and other employees of Media Carrier and its vicarious agents.
§ 12 Right to make amendments
- Media Carrier reserves the right to widen, reduce or replace the products offered in the digital newsstand, or to terminate the service entirely. However, restriction of the availability of the entire service or parts of it in certain geographical locations and at certain times is also possible.
- Media Carrier assumes no guarantee that all the products offered in the digital newsstand are readily available for the customer. If a selected product is not available, no purchase agreement can be concluded for this product either. This message will be displayed to the customer on the order page.
§ 13 Information regarding dispute resolution / Consumer arbitration board
- Media Carrier is not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board, pursuant to the consumer dispute resolution law.
- The European Union has created an online dispute resolution platform at the Internet address www.ec.europa.eu/consumer/odr. On the website indicated, consumers will find relevant information, in particular on the possibility of using the platform to resolve disputes with businesses concerning online purchase agreements and online service contracts.
§ 14 Miscellaneous
- This contract is governed by German law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in particular of the country in which the customer, as the consumer, has his/her habitual domicile remain unaffected.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Media Carrier and the customer is Munich.
- The language of contract is German.
§ 15 Contact details for Media Carrier
Media Carrier can be contacted at:
- Media Carrier GmbH
- Muthmannstraße 1
- 80939 Munich
- E-mail: firstname.lastname@example.org
- Phone: 0049 89 32471 4264
- Fax: 0049 89 32471 66 4264
Section II: Exclusively free ePapers
In this case, the following sections shall apply accordingly:
Section 1; Section 2 subsection 1, 2 and 4; Section 4 subsection 1 – 4; Section 7 with the proviso that the digital publication is also offered for download without the conclusion of a payment transaction and there is no obligation to pay the purchase price; Sections 8 – 15.
The following regulations shall apply in addition:
§ 1 Conclusion of the contract and options for correction
- The customer can cancel the process at any time by closing the browser window. The customer can correct input errors in the respective input field.
§ 2 Prices
The use of the digital newsstand as well as the respective digital publication is free.
§ 3 Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period commences fourteen days from the date when the contract is concluded.
In order to exercise your right of cancellation, you must inform us (Media Carrier GmbH, Muthmannstraße 1, 80939 Munich, e-mail: email@example.com, phone: 0049 89 32471 4264, fax: 0049 89 32471 66 4264) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to cancel this contract. You may use the attached sample cancellation form for this, but this is not mandatory.
To comply with the period for cancellation, it is sufficient if you send the notification regarding your decision to exercise the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall refund you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from you having selected a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the day on which the notification regarding your cancellation of this contract was received by us. For this repayment, we use the same means of payment that you used for the original transaction unless otherwise explicitly agreed with you; under no circumstances will fees be charged to you as a result of this repayment.
If you have requested that the services commence during the period of cancellation, you must pay us an appropriate amount that corresponds to the percentage of the services already provided by us up to the time you informed us of the decision to exercise your right of cancellation with regard to this contract, compared to the overall scope of the services envisaged in the contract.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and send it back to us.).
- To Media Carrier GmbH, Muthmannstraße 1, 80939 Munich, e-mail: firstname.lastname@example.org; fax: 0049 89 32471 66 4264
- I/We (*) hereby cancel the contract concluded by me/us (*) regarding 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 if notifying on paper)
- (*) Delete as appropriate.
Media Carrier GmbH, 25/05/2018