General Terms and Conditions
General Terms and Conditions of MediaUnit Verlags GmbH & Co KG
YOUR CONTRACTUAL PARTNER IS MEDIAUNIT VERLAGS GMBH & CO KG – HEREAFTER REFERRED TO AS “MEDIAUNIT”
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of
MediaUnit Verlags GmbH & Co KG, Wien (AT), Feusisberg branch
c/o TREUFIN Reuter AG
Chaltenbodenstrasse 26
CH-8834 Schindellegi
E‑Mail: office@mediaunit.ch
apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the Seller’s goods and services. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
A consumer is any natural person who conducts a transaction that is not part of their company's operations. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. Public limited companies, limited liability companies, commercial and economic cooperatives, mutual insurance associations, savings banks, European Economic Interest Groupings (EEIG), European Companies (SE) and European Cooperatives (SCE) are entrepreneurs by virtue of their legal form.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods or services contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit his binding order by telephone, fax or email.
2.3 The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by requesting payment from the customer after placing his order
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email) after the order has been sent.
If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
2.5 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's magnification function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.6 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Prices and payment terms
3.1 Unless otherwise stated in the seller's product and service description, the prices stated are total prices that include statutory VAT.
4) Retention of title
4.1 The seller reserves title to the goods provided to its customers, whether consumers or entrepreneurs, until the purchase price owed has been paid in full.
5) Delivery and shipping conditions
5.1 Our offers are only open to customers residing in Switzerland.
5.2 Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed.
5.3 If the customer acts as an entrepreneur, the risk of loss or damage to the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or company otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the transport contract himself without using a selection option suggested by the seller, the risk passes as soon as the goods are handed over to the carrier.
6) Warranty/Liability
The statutory warranty provisions apply.
If the customer acts as an entrepreneur, the following also applies:
An insignificant defect does not generally give rise to any warranty claims,
The seller has the choice of how the defect is rectified
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
The seller's liability is excluded for minor negligence unless personal injury is involved. These liability regulations also apply with regard to the seller's liability for his vicarious agents and legal representatives.
7) Place of jurisdiction/Applicable law
7.1. Swiss substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
7.2. In relation to entrepreneurs, the competent court at the seller's registered office is agreed as the exclusively competent court.
8) Alternative dispute resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
In the event of a contradiction between the German and the French and/or Italian language versions, only the German language version is authoritative/legally valid.