General terms and conditions with customer information
Status: August 19, 2022
1. Scope of application of the GTC
- For the business relationship between OVALmedia Berlin GmbH, Zillestraße 11, 10585 Berlin, Germany (hereinafter referred to as “Seller”) and the purchaser of the products and services of the Seller (hereinafter referred to as “Products” or “Goods”) referred to as “Purchaser”, the following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively.
- Deviating terms and conditions of the customer shall not be recognised, even if the seller provides its service without objection, unless the seller expressly agrees to the validity of the deviating terms and conditions of the customer.
2. General information on offers and orders
- The presentation of the products in the shop, on websites and in digital printed brochures, or catalogues or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the customer.
- Customers are responsible for ensuring that the information they provide is accurate and that any changes are notified to the Seller if they are necessary for the Seller’s performance of the contract. In particular, customers are responsible for ensuring that the email and delivery addresses provided are accurate and that any obstructions to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
- Customers are requested to carefully read and observe the instructions within the framework of the ordering process and to use the available support functions of their software and hardware if required (e.g. magnification or read-aloud functions). Required information shall be marked by the seller as such in a manner that is appropriately recognisable to the customer (e.g. by visual highlighting and
3. Order process and conclusion of contract
- The customer can select from the products offered in the seller’s assortment vis-à-vis the customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
- By clicking on the button that concludes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping basket.
- The seller may accept the customer’s offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the shop, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The seller can accept the customer’s offer by explicitly accepting the contract, also by e-mail. Acceptance may also be effected by the dispatch of the goods and their receipt by the customer within the acceptance period, as well as by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance procedures, the earliest acceptance time shall be decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by its offer.
4. Contract text and language
- The Seller stores the text of the contract and makes it available to the Customers online via link. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order.
- If customers have created a customer account, they can view the orders placed in their account area. The complete text of the contract is not accessible in the account area.
- The contract languages are German and English, contracts can be concluded in these languages.
5. Information on prices and shipping costs
- Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
- The delivery and shipping charges incurred in addition to the sales price will be communicated or linked to the customer in the respective product description and before the order is concluded.
- In the case of a delivery to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses will not be paid by the Seller, but must be paid by the Customer to the relevant tax or customs authorities. The seller recommends that the customer obtain information about possible further costs from the competent authorities and on the basis of the country regulations applicable to the customer in each case.
6. Methods of payment and terms of payment
- Unless otherwise agreed, payments shall be made without discount, cash discounts or other reductions.
- When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notices as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
- The customer shall ensure that he/she fulfils the requirements incumbent upon him/her which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorisation with payment services and confirmation of transactions.
- If a payment is not made or reversed due to insufficient funds in the customer’s account, the provision of incorrect bank details or an unjustified objection by the customer, the customer shall bear the fees incurred as a result, provided that the customer is responsible for the failed or reversed booking and, in the case of a SEPA transfer, was informed of the transfer in good time (so-called “pre-notification”).
- Prepayment – If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The seller shall inform the customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment is not received by the seller within 10 calendar days after sending the order confirmation, despite the due date, even after a renewed request, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the customer and the seller without further consequences.
- SEPA Direct Debit – By submitting the order, the customer grants the seller a SEPA Direct Debit Mandate. By issuing the SEPA direct debit mandate, the seller is authorised to initiate the payment transaction, which automatically debits the customer’s bank account. The customer will not be automatically informed of the date on which the bank account will be debited. The invoice amount is due after the direct debit mandate has been issued. The account will be debited before the goods are dispatched.
- Credit Card Payment – When placing an order, customers provide their credit card details. The customer’s credit card will be charged immediately after the order is completed and after the customer has been authorised as the legitimate cardholder.
- PayPal Express – The customer pays the amount owed using the Paypal transaction process.
- PayPal Plus (PayPal) – The customer must have a PayPal account and pays the amount owed using the PayPal transaction process.
- PayPal Plus (credit card) – The customer can pay by credit card via PayPal even if they do not have a PayPal account. The customer must identify himself/herself as a legitimate cardholder to make the payment before the payment transaction is carried out and the customer’s account is automatically debited.
7. Delivery, availability of goods
- The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
- If a payment service provider is used with whom a delivery address is stored and the customer’s use of the payment method means that the seller is informed of this delivery address as being decisive for the ordered delivery, the goods will be delivered to the different delivery address.
- If a delivery of goods fails for reasons for which the customer is responsible, the customer shall bear the costs incurred by the outward and return shipment to a reasonable extent. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
- Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
- If the ordered goods are not available because the seller is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of comparable goods. If no comparable goods are available or if the customer does not wish to receive comparable goods, the seller will immediately reimburse the customer for any payments already made.
8. Digital content
- “Digital content” is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or BlueRays).
- The provisions of these GTC apply accordingly to the sale of digital content.
- The digital content is provided to the customer in the form of a continuous data stream, referred to as “streaming”.
- The Seller is entitled to subsequently adapt and change digital content, provided that this is necessary for the Seller (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons that make an adaptation of content necessary) and is reasonable for the customer and the contractual use of the products and the contractual balance are not impaired.
- The digital content is made available to the customer in the customer account, provided that a customer account has been created.
- The customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased digital content expires.
- For the use of the digital contents, 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 assumed. The Seller assumes no responsibility for any impediments to access to or retrieval of Digital Content if such impediments are within the Customer’s sphere of responsibility (this applies in particular to the Customer’s access to the Internet).
9. Sale of vouchers
These GTC apply mutatis mutandis to the sale of vouchers embodying non-cash or cash values.
10. Copyrights and rights of use
- The products distributed 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 or the respective rights holders. Customers undertake to recognise and observe these property rights.
- The customer is granted the simple rights to use the acquired products for contractual purposes. Otherwise, the use and exploitation of the products is not permitted. In particular, copyrighted products of the Seller may not be reproduced, distributed, made publicly available or otherwise made available to third parties on the Internet or in intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
- If the products are subject to a specific licence of use, the customers will be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.
- The permission of use is limited to private use and does not include any business or entrepreneurial use.
- If the Seller makes advance payment, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the purchase price of the relevant products in full.
- The copyright notices and protective notes (for example the “Copyright” sign ©) affixed to the products within a reasonable and legally recognised scope shall be observed and the rights of use granted shall only apply as long as the aforementioned notices and notes are not removed or otherwise rendered unrecognisable. Unless the removal or defacement occurs within the scope of the ordinary or intended use of the products.
11. Revocation policy
- The information on the right of withdrawal for consumers can be found in the seller’s revocation policy.
- The right of withdrawal does not apply to consumers who have their domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery outside a member state of the European Union (EU) or the European Economic Area (EEA) and do not belong to any of these member states.
- Customers can access the Seller’s cancellation policy at the following internet address: https://www.oval.media/en/terms-conditions/revocation-en/
12. Warranty and liability
- The warranty (liability for defects) shall be determined in accordance with statutory provisions subject to the following provisions.
- The Seller shall not be liable for the Customer’s Internet connection, the software and hardware used by the Customer and any disruptions caused by them to the formation or performance of the contract between the Customer and the Seller.
13. Dispute resolution and consumer dispute resolution
- The European Commission provides a platform for online dispute resolution (ODR), which you can access at https://ec.europa.eu/consumers/odr/
Consumers have the possibility to use this platform for the settlement of their disputes.
- We are not willing and not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.