Terms and Conditions for Online Customers
1 Scope and defense clause
(1) When ordering goods, downloads and services (hereinafter referred to as “Products”) provided by Mies MC GmbH, represented by the Managing Director Helmut Mies, An der Favorite 4, 55131 Mainz (hereinafter “Provider”) via www.viscosups.com (hereinafter referred to as “VISCOSUPS”), the following general terms and conditions (hereinafter referred to as “GTC”) in the respective version at the time of the order apply, unless Mies MC expressly waives their applicability in written form.
(2) The products offered through VISCOSUPS are intended for customers of VISCOSUPS (hereinafter referred to as the “Orderer”).
(3) Deviating general terms and conditions of the customer shall not apply. The contract language is English.
2 orders
2.1 conclusion of contract
(1) The presentation of the products in the Internet shop does not constitute a binding offer of the provider to conclude a purchase contract. The customer is hereby merely requested to submit an offer by placing an order.
(2) By submitting the order to VISCOSUPS, the customer submits a binding offer directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as for the legal relationship with the provider alone significantly.
(3) The provider confirms the receipt of the order by sending a confirmation e-mail (“order confirmation”). This order confirmation does not yet represent the acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the supplier. The declaration of acceptance of the contract offer is made by the delivery of the products or an explicit declaration of acceptance (“purchase contract”).
(4) If the provider is unable to fulfill an order or rejects the order, the customer shall be informed immediately. A claim for a contract does not exist.
(5) The orderer can archive the data of the sales contract by either downloading the terms and conditions or storing the data summarized on the page of the ordering process in the internet shop or by printing, saving or archiving the aforementioned summarized information sent with the purchase contract.
(6) The order data are stored by the provider. Via the password-protected access, the information about completed, open and recently sent orders can be viewed and address data, possible payment data, etc. can be viewed, managed and stored.
2.2 Prices and shipping costs
(1) The displayed prices on VISCOSUPS are prices including VAT as well as final prices including applicable VAT, depending on the tax liability derived from the German and intra-Community tax law as well as the German price regulation.
(2) With the updating of the VISCOSUPS Internet pages, all previous prices and other information about the object of purchase become invalid.
(3) Decisive for invoicing is the price at the time of the order.
2.3 Due date, payment and default
(1) The purchase price becomes due and payable immediately upon conclusion of the purchase contract.
(2) Only the payment methods offered in the order are accepted (PayPal, credit card or direct debit). The customer’s credit card will be debited with the purchase price immediately after conclusion of the purchase contract. By providing the credit card or bank account information, the customer grants the provider the right to pay the due purchase price from his credit card or bank account.
(3) If the customer is in default of payment, the provider is entitled to default interest of 5% above the published by the European Central Bank base rate p.a. to promote. If the provider has demonstrably incurred a higher damage caused by default, the provider is entitled to assert this.
2.4 statement for credit card payment
(1) The provider provides for the processing of cashless payments, e.g. by credit card, secure procedures, state-of-the-art.
(2) The provider ensures that the collection, storage and use of the data complies with the Federal Data Protection Act.
(3) The provider will therefore never ask the customer to send credit card data by e-mail, fax, mail or other unencrypted connection. If an orderer receives such a request, the offerer asks the orderer to ignore it and to inform the supplier immediately.
(4) For damages, which result from an unsolicited sending of credit card data, the offerer does not take over adhesion.
2.5 Chargeback and direct debit
(1) In the event of the return or non-payment of a direct debit, the purchaser hereby irrevocably authorizes its bank to notify the provider of its full name and current address.
(2) A termination or the exercise of a right of withdrawal does not entitle the purchaser to have the amounts paid by direct debit booked back by the bank. The orderer has to reimburse the damage caused by bank charges and processing costs of a rebooking flat-rate with € 12.50. The proof that no damage or a much lower damage has occurred, however, the purchaser remains permitted.
2.6 Delivery and Provision
(1) For orders of downloads, the provision will be made by e-mail. Additional delivery costs are not required.
(2) In the event of delivery disruptions due to force majeure (including strikes and lockouts), the performance obligations of the supplier and the orderer shall be suspended for the period of the delivery interruption.
2.7 Reservation of ownership or rights
Ordered goods remain the property of the provider until full payment of the agreed remuneration. In the case of download orders, the corresponding usage rights are only revocably granted until full payment.
3 Additional conditions for download orders
3.1 Rights of use for downloads
(1) By providing or transmitting the individual digital content (in short: downloads), the purchaser receives the simple non-exclusive right to use the downloads for their own purposes. The limitations of the scope of use according to para. (2) must be taken into account.
(2) A further use – in particular the publication in the Internet, as well as the unauthorized duplication, spreading or making accessible of the Downloads over the InterNet, be it free or against payment – is not permissible. The same applies to the removal of copyright information and source references as well as the other processing or manipulation of the download. The granted rights of use are not transferable or sublicensable and are subject to full payment. Statutory uses permitted by copyright law are not restricted.
3.2 Updates of downloads
The provider is entitled to revise, update or otherwise modify the content of the downloads at any time if this is necessary for technical, legal or content-related reasons.
3.3 Data backup and data availability
The provider keeps all purchased digital data available for a reasonable period of time. An indefinite data backup and data availability can not be guaranteed. The purchaser should therefore store his downloads locally on connected devices. The purchaser will be informed expressly and with reasonable lead, as far as downloads by the provider can no longer be provided in the future.
The provider endeavors to keep the ordered downloads as uninterrupted as possible. Maintenance and repair as well as system updates or technical malfunctions beyond the control of the seller may limit availability. A guarantee for the permanent availability is not assumed.
3.4 Necessary requirements – Account, Internet access and storage space
The retrieval of ordered downloads is possible via VISCOSUPS and requires a corresponding registration as well as access to the Internet. In addition, the purchaser ensures that he can (i) establish Internet connections to external servers unrestrictedly on his terminal (e.g., computer), and (ii) that the downloads are possible, in particular, that sufficient free space is available.
3.5 Necessary requirements – Display software
In addition, special software may be required to view the downloads (such as Adobe PDF Reader) for which further terms of use and license may apply. For details, especially notes on the software version required to view the download, please refer to the respective product description. The customer ensures that he can install the required software with him.
4 cancellation policy
Withdrawal
The orderer can revoke his contract explanation within 14 days without giving reasons in text form (for example letter, fax, E-Mail) or – if the thing is left to the orderer before deadline – also by return of the thing. The period begins after receipt of this instruction in writing, but not before receipt of the goods at the customer and not before fulfillment of the information obligations of the provider in accordance with Article 246 § 2 i.V.m. § 1 para. 1 u. 2 EGBGB as well as obligations of the supplier according to § 312 g Abs. 1 S. 1 BGB i.V.m. Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to:
Mies Management Consulting GmbH
Email: info@viscosups.com
Returns:
In the case of an effective cancellation, the mutually received benefits shall be returned and any benefits (such as interest) incurred. If the orderer can not or only partly return the delivered service as well as uses (eg use advantages) to the offeror or only in a worsened condition, the orderer has to pay compensation to the offerer. For the deterioration of the thing and for the benefits drawn, the purchaser only has to pay compensation insofar as the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and functioning. The term “testing the properties and the mode of operation” refers to the testing and testing of the respective goods, as is possible and customary in a retail store. Parcels ready to be sent back at the risk of the provider. The orderer has to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40 Euro or if the orderer with a higher price of the thing at the time of the revocation does not yet have the consideration or a contractually agreed partial payment. Otherwise, the return for the customer is free. Things not consignable by parcel post are collected by the purchaser. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the purchaser with the sending of your revocation or the thing, for the provider with their receipt.
Special instructions:
The right of revocation expires prematurely if the contract is completely fulfilled by both parties at the express request of the purchaser before the purchaser has exercised his right of revocation.
End of revocation
5 Warranty / Liability
(1) The contents are created in Germany. The provider warrants that the contents do not violate the rights of third parties under German law nor are they unlawful in any other way. If the purchaser from outside Germany accesses the downloads, it is the responsibility of the customer to check whether the use of the content is permissible according to the legal system of the access state.
(2) The provider makes no guarantee for the correctness, accuracy and completeness of the downloads, and is not liable for any incorrect information contained in the contents of the downloads.
(3) The Provider, its legal representatives and vicarious agents are liable to the Customer for damages – irrespective of the legal basis – in the case of intent, gross negligence and simple negligence only in case of breach of a material contractual obligation, compliance with which is of particular importance for the achievement of the purpose of the contract is. These are obligations the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner regularly trusts and can rely. In the latter case liability is limited to compensation for reasonably foreseeable damages. This limitation of liability does not apply in the event of injury to life, limb and health caused by acts of infringement by the Provider, its legal representatives and its representatives required for the fulfillment of the Provider’s legal obligations, nor shall liability for liability under the Product Liability Act.
(4) In case of data loss or damage, the provider is liable only up to the cost of restoring suitable backup copies. This restriction does not apply to gross negligence or intentional acts.
6 Privacy
Insofar as the customer has not expressly consented to further processing and use, the provider only processes and uses personal data as far as and as long as this is legally permissible, in particular in order to process and settle the order. Any consent given separately for the use of the purchaser’s data for advertising purposes may be revoked at any time with effect for the future. For details, see the privacy policy of the provider.
7 Final provisions
7.1 server time
If a date and / or time are decisive for declarations and legal transactions, the displayed server date and the displayed server time of VISCOSUPS shall be decisive.
7.2. Applicable Law and Jurisdiction
Substantive German law applies, excluding UN sales law. Place of jurisdiction is Mainz, Germany, insofar as this may be agreed in accordance with the German Code of Civil Procedure and the European Court of Justice. This also applies if the customer orders or accesses downloads from outside Germany.
7.4 subcontractors, contract takeover
The provider is entitled to entrust the provision of the agreed services at any time wholly or partially to third parties. In addition, the provider may transfer his rights and obligations under this contract to one or more third parties (contract takeover). The purchaser has the right to terminate the contract without notice in the event of the assumption of the contract.
7.5 netting reservation, right of retention, assignment
The purchaser may only offset claims that have been legally established or accepted by the supplier in writing. If the purchaser is a consumer, a right of retention of the purchaser (consumer) from previous or other transactions is excluded. Incidentally, a right of retention of the purchaser is excluded. The assignment of claims of the purchaser against the provider requires the prior written consent of the provider to be effective.
7.6. written form
Agreements deviating from these GTC between the supplier and an orderer require the written form to be effective; this also applies to a waiver of the written form requirement.
7.7 Severability clause
If any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining clauses. The ineffective or unenforceable provision in this case shall be replaced by the parties by an effective provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the case of a loophole.
7.8 Modification of the General Terms and Conditions
The provider is entitled at any time to change these terms and conditions with effect for the future. The currently at time of the placed order valid terms and conditions of the provider apply.
As of July 2018