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General Terms and Conditions

Hotel Mediaworld

General Terms and Conditions for private clients world wide

Version 3.0 from 01.01.05

1. Range of Validity

1.1 For all mutual claims from the contractual conclsuions between Hotel-Mediaworld and our customers on all Interent deals these General Terms and Conditions are valid always on the current version, which is available on the issueing day from the contract

2. Participants:

Hotel Mediaworld goes in contractual relations with the follwing clients,

A ) unlimited with naturell persons which are older than 18 years.

as well as with

B) Business persons, which having their residence on certified coutries

If one unspecified customer get some delivery from Hotel Mediaworld, we have the oppurtunity to cancel the contract without any notice within 1 week.

3. Object of the contract

Hotel Mediaworld deliver goods or services accroding their offers. If Hotel Mediaworld realize after, there was mistake like announcements about prouduct and prices or something wrong with delivery adresess, Hotel Mediaworld will inform the customer as soon as possible. He can confirm the order again.

Otherwise Hotel Mediaworld can withdrawal from the contract . If this procedure will happen - Hotel Mediaworld will return all advance payments or other things which were given on beforehand to us.

4. Contract Conclusion / Revocation Instruction

4.1 The contract goes in power, if Hotel-Mediaworld accept the order from the customer.

The customer renounce to get acceptance declaration § 151 addition 1 BGB. Hotel-Mediaworld will inform the customer about his order through written confirmation but at least through the execution of the delivery from the ordered goods and services. For all internet order the customer will receive an email, which counts as conformation, right after his order.

4.2. According the German Law of renounce, there will be just a pending contract.

The customer can step back from this contract, without any notice or reasons, within the first 2 weeks after his order. For this case, a hand signed fax or letter is required. Email and similar electronic post will not be accepted.

This law won’t get effective for any electronic data mediums like CD, Software or DVD. We just produce and deliver those kinds of mediums therefore we just accept the renounces from the contract before the delivery of the products. Any complains after cannot be voted.

This regulation will be used, because it can’t be out of question that the customer open it or get copy of these medium already.

4.3 Consequences of renounces

In case of an effective renounce, all performances from booth sides, has to be returned

If the customer is unable to give back the received performances or services even just partly as well as the product is not anymore on the same condition, like in the moment when it was delivered to him, than he have to pay some compensation for the damages. Especially the customer has to treat the product in a proper way and he doesn’t have to used yet to avoid any further decline values

4.4. Exclusion of the Law of renounce

a) This law doesn’t count fort the following items and products:

Picture, Sound and Date files, CDs, DVD´s, other Software as long the cover has been already open and the seals are broken or you download it online from our websites.

End of the renounce declaration

5. Availability Reservation

Should Hotel Mediaworld realize, after the contract was given, that ordered goods or services are not longer available or there are some reasons of law, which doesn’t allow us to deliver these orders, than we offer some alternate goods with similar prices or we have the option to cancel the contract. Already pre paid goods, we will pay back right after the cancellation of the contract.

6. Delivery of your goods

For the delivery of your ordered goods, Hotel-Mediaworld will totally take care fort the guaranty in case of any damages. As we just deliver low price product with a value lesser than 500 Euro, there will be no additional transport insurance for it. If the customer likes to get one, he needs to get in contact with us.

7. Prices and Payment Conditions:

7.1. The prices on our prospects as well as on our web sites are final prices and include all on accounting day current taxes and governmental rates. If ever there will be an adjustment after the publishing day of our pricelist, Hotel-Mediaworld is allowed to calculate with these new taxes and rates.

7.2. On your bill you fill the net account for the goods and for all further services. This includes cover, delivery, shipping insurances if pre fixed as well as the current taxes and rates.

7.3. Hotel Mediaworld keeps the right in single cases, to exclude some of our offered payment methods. Already agreed performances will be just delivered after pre payment or cash on delivery was successfully accomplished.

8. Reservation of Ownership:

Hotel Mediaworld keep the reservation of ownership for all goods and services, which has been delivered from us to our customers until the whole payment is completely done.

As far as Hotel-Mediaworld will change some goods or services for warranty reasons, we will issue a new agreement, of all exchanged goods and services. On this time the customer has to send the delivered goods back to us and just than the new item will be forward to our customer.

Out of question are all already announced goods and services under point 4.4

9. Warranty:

9.1. Hotel Mediaworld guarantees that all products during time of hand over to the customer are on the specified conditions, which can be expected for his products. That means they are free of defects and faults and can be provided as written in the contract as well as meet the requirements like could be expected from similar goods and services from the customer.

9.2. The customer has to check the product right after he receives it. The customer should look for defects, faults and completeness of all delivered items.
All products, which are listed under point 4.4 are also excluded of any guarantee again as far as it can be already seen that the uncovered product is already broken, like through breaks or else.

9.3. In any case of reasoned defect or faults the customer can demand according §439 BGB the removal of the defects or the new delivery of defect free good or services through Hotel Mediaworld. Hotel Mediaworld can also refuse the option, which has been chosen by the customer, if the outlay for the product is in comparatively to the price of the product.
The withdrawal is out of question, if the defect or fault is petty or insignificant.

9.4. Claims for any damages like defects or faults of all goods are out of question as far as Hotel-Mediaworld didn’t give all required information or hide some important things in previous as well as some special guarantee was fixed on the contract before.

9.5 The assumption fort this liability is, that the defect did not originate from an improper using of the product. If the defect just come up after 6 month the customer has to get the evidence, that these defect was already there when he receive it. If not Hotel-Mediaworld can proof that the delivered product was without any defects during the handover to the customer.

10. Legal Liability

10.1 In case of already lost data’s and files Hotel-Mediaworld just be liable for it, if the customer get some back of all his documents as can be proved minimum twice a week. If not, than except in case of intent and grossly negligent, any legal liability are out of question.

10.2. Any other continuing claims based on the warrantee are completely out of question

11. Choice of law

11.1. For all relations of law between Hotel Mediaworld and the customer, just German law will be in use. The using of the UN Agreement about contract through international sales from the 11.04.1988 will be not in use.

11.2. The provisions from number 10 allow compelling regulations from the law of the country, were the customer has his current residence, as far as the customer get a contract of sale, which is not connected with his commercial or industrial activities (Consumer contract) and the contract was given on his permanent residence.

12. Various terms

12.1 The customer doesn’t has the right to retain or keep goods and services for counterbalancing as far as there is no claim with judicial obligation

12.2 The place of law for all payments is at the principal place of business from Hotel Mediaworld. For any deliveries, it’s the same place or delivery place from the first sub deliverer, which works for Hotel Mediaworld, according the request from the customer.

12.3 Should single provisions from this contract are not legal, or loose the effectiveness later, the validity of the contract won’t be affected. For this case, booth parties will agree to change the illegal or unlawful regulations into new ones. The same counts for any cases of gaps, which will be found after in the contract.

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