1.1 The following Terms and Conditions of MedienLB – Medien für Lehrpläne
und Bildungsstandards GmbH, Leutstettener Straße 28, 82319 Starnberg, phone +49 8151 55071-20, email: info@MedienLB.de (‘MedienLB’) shall apply to all contracts. Conflicting terms and conditions of the Customer shall not apply, unless
MedienLB has accepted these in writing.
1.2 MedienLB accepts orders by Consumers, as defined in Section 13 of the German Civil Code, and Entrepreneus, as defined in Section 14 of the German Civil Code (collectively: ‘Customers’).
2.1 The Customer declares a binding offer to conclude a contract by placing an offer in writing. For orders in the online shop the following applies: The Customer can place products into the shopping cart. After proceeding to the checkout, the Customer is asked to provide personal data (name, address, payment details). The Customer declares a binding offer to conclude a contract by clicking the order button. Until this moment, the Customer can inspect the content of the shopping cart and remove items at any time or go back and correct their personal data if necessary.
2.2 The contract is concluded when MedienLB sends the Customer a written order confirmation (acceptance). If MedienLB starts the performance of the contract, it shall be deemed to have accepted the Customer’s order implicitly.
2.3 MedienLB reserves the right to make technical or other reasonable changes. Offers are subject to change. Should a product be unavailable, we will inform the Customer within 3 working days.
3.1 We reserve the right to require the Customer to make a down payment or provide other security before delivery.
3.2 MedienLB will choose an appropriate method of delivery at its discretion unless the parties have explicitly agreed a specific method of delivery.
3.3 Delivery dates are binding only if stated explicitly before the order or if confirmed by MedienLB after receipt of the order.
If the Customer is an Entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon delivery of the goods to the forwarding agent, the carrier or a third party otherwise designated to carry out the dispatch; the same shall apply when the Customer is in default of payment.
4.1 MedienLB grants the Customer the non-exclusive right to display the media for non-commercial educational purposes in accordance with the applicable licence terms, but not for members of the public. Any other use shall require prior written consent of MedienLB.
All rights not expressly granted in these Terms and Conditions or the applicable licence terms are reserved. In particular, the following is prohibited:
4.2 Software is protected by copyright. MediaLB grants the Customer the right to install software on the number of devices specified in the licence terms and to use the software on those devices. It is prohibited to install software on a server unless the licence terms explicitly grant the Customer the right to do so.
It is prohibited to copy software delivered on a tangible medium such as CD-ROM or DVD or to modify, edit, translate, decompile or disassemble any software or parts thereof.
4.3 All rights granted by MedienLB are contingent upon until full payment of the purchase price including all additional costs.
5.1 The price list valid at the time when the order is placed shall apply.
5.2 All prices quoted are exclusive of VAT, customs duties and other taxes that may apply. The prices exclude any packaging and delivery costs. Delivery options and costs are available upon request.
5.3 Unless otherwise agreed in writing, all payments shall be made within 30 days of the invoice date without any deductions.
5. 4 The Customer can pay the price by bank transfer or by credit card. MedienLB reserves the right to exclude individual payment methods for a specific order. MedienLB does not accept cheques and bills of exchange.
5. 5 If the Customer is an Entrepreneur, the following shall apply: After expiry of the payment period pursuant to clause 5.3, the Customer shall be in default of payment. The Customer shall pay interest on the debt at a rate of 9 per cent above the base interest rate Section 247 of the German Civil Code) during the period of default.
5.6 If the Customer is a Consumer, the following shall apply: After expiry of the payment period pursuant to clause 5.3, the Customer shall be in default of payment if this consequence was pointed out in the invoice. The Customer shall pay interest on the debt at a rate of 5 per cent above the base interest rate (Section 247 of the German Civil Code) during the period of default.
5.7 MedienLB reserves the right to claim damages for default of payment higher than the interest specified in clauses 5.5 and 5.6.
5.8 If MedienLB becomes aware of circumstances that create doubt about the Customer’s solvency or willingness to pay, in particular if payments are suspended or the Customer is in default with due payments, MedienLB may declare the entire remaining debt due, regardless of whether payment terms or deferrals have been granted before. In this case, MedienLB may also demand advance payments or securities or cancel the contract after setting a reasonable deadline for payment
5.9 The Customer may set-off counterclaims only where such counterclaims have been declared valid by a final court judgment or MedienLB has acknowledged them; the same applies to any right of retention that the Customer may have. This shall not apply to counterclaims based on warranty.
5.10 The Customer may exercise a right of retention only if its counterclaim is based on the same contractual relationship.
All goods remain the property of MedienLB after delivery until full payment including all additional costs.
7.1 MedienLB warrants that all goods are in accordance with the respective specifications and that the image and sound quality of media is free of defects according to state-of-the-art technology for the copying and printing processes used for the products; in the case of computer software MedienLB warrants that storage media like CD-ROMs or DVD are free of defects.
7.2 MedienLB makes no warranty as to the operability of software unless explicitly mentioned in the specifications of the software.
7.3 If the Customer is an Entrepreneur, the following shall apply:
7.3.1 The Customer is obliged to inspect the delivered goods in due time and to notify MedienLB in writing of any defects within one week of delivery; otherwise the Customer shall be deemed to have approved the goods. This does not apply to defects which were not apparent on inspection.
7.3.2 The Customer must provide evidence of the defect and timely notification in order to assert warranty claims. The warranty period is one year from delivery of the goods. MedienLB may limit warranty, at its discretion, to free repair or replacement of defective goods. If the repair or replacement delivery has fails twice, the Customer may cancel the contract or reduce the purchase price.
8.1 MedienLB shall be liable for slight negligence only if an essential contractual obligation (an obligation the performance of which is necessary for due implementation of the contract, the performance of which a contractual partner generally may rely on, and the breach of which jeopardizes the attainment of the purpose of the contract) was breached; and MedienLB’s liability shall be limited to the direct damage which was foreseeable at the time of the conclusion of the contract and which is typical for the type of contract.
8.2 Liability for loss of life and limb, for damage resulting from intent or gross negligence, and liability according to the German Product Liability Act or on the basis of warranted characteristics shall remain unaffected.
9.1 If the Customer is a Consumer and the contract was concluded exclusively by means of distance communication (distance contract), the costumer has the statutory right of withdrawal described below.
9.2 There is no right of withdrawal in the case of a contract regarding
the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and their acknowledgment that they thereby lose their right of withdrawal.
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us (MedienLB Gesellschaft für Lehrpläne und Bildungsstandards GmbH Am Hauptplatz 2 82131 Gauting) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
You may use the following model withdrawal form, but it is not obligatory.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
– To MedienLB Gesellschaft für Lehrpläne und Bildungsstandards GmbH,
Leutstettener Straße 28,
82319 Starnberg,
phone +49 8151 55071-20,
email: info@MedienLB.de
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of Consumer(s),
– Address of Consumer(s),
– Signature of Consumer(s) (only if this form is notified on paper),
– Date
(*) Delete as appropriate.
10.1 The contractual relationship between MedienLB and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a Consumer, this shall not have the result of depriving the Customer of the protection afforded to them by statutory provisions that cannot be derogated from by agreement by virtue of the law of the country where the Consumer has their habitual residence.
10.2 The parties agree that they are subject to the exclusive jurisdiction of the courts in Munich, Germany for all legal disputes arising directly or indirectly from the contractual relationship between MedienLB and the Customer if the Customer’s place of establishment, place of residence or habitual place of abode is outside Germany or the Customer’s place of establishment, place of residence or habitual place of abode is not known at the time when legal action is filed.
