General Terms and Conditions for Buyers

 


A. Scope of application

1. All sales by G&K TechMedia GmbH G&K TechMedia GmbH, Denzlinger Straße 27, 79312 Emmendingen, Germany (“G&K TechMedia”) through the online shop operated by G&K TechMedia at the following websites (“Shop”) to buyers or subscribers (“Customers”) shall be subject to these General Terms and Conditions (“GTC”).

  • www.flexo-gravure.com
  • www.etiketten-labels.com
  • www.flexotiefdruck.de
  • www.narrowwebtech.com
  • www.printcareer.net
  • www.gk-techmedia.com
  • www.ebnerpublishing.com

Not valid for any third party linked websites.

2. Any merchandise sold via the Shop by third party sellers is sold and shipped in the name and for the account of the third party seller and only at the third party seller’s terms and conditions of sale, to which the Customer must agree when submitting an order. For further information about third party sales please see chapter C below.

3. Sales by G&K TechMedia may additionally be subject to product-specific terms of G&K TechMedia, such as conditions defining the term of subscriptions or terms of use for digital content (data not incorporated in a physical medium such as software, e-books, movies, music, etc.). Any such additional terms are specified in the product description and must be agreed separately by the Customer when submitting an order.

4. Any manufacturer warranty offered by a product manufacturer in addition to the legal warranty will be subject to the manufacturer’s warranty terms and conditions (warranty agreement). The warranty agreement is made between the manufacturer and the Customer directly and G&K TechMedia will not be a party to the warranty agreement. The terms of any such warranty are set forth in the product description.

B. Sales by G&K TechMedia

1. Ordering; offer and acceptance; order confirmation; conclusion of contract
Ordering
To submit a valid order the Customer must take the following steps: The Customer has to select a product and click the “Buy now” button. The Customer has to log in or has to create an account. The Customer has to check the amount, choose the delivery country and choose the payment method. In the final step the Customer has to fill in the billing address. The order is completed by clicking the button „Zahlungspflichtig bestellen“

1.2 Offer and acceptance
The display and advertising of merchandise (including, for example, subscriptions, books, and magazines) and digital content in the Shop merely constitute a request for the Customer to submit an offer for a purchase contract (order). The Customer submits a binding order by clicking the “Zahlungspflichtig bestellen” button in the “Kauf abschließen” section of the ordering process.

1.3 Order confirmation
Upon receipt of an order by G&K TechMedia, the Customer will receive an email confirming receipt of the order by G&K TechMedia and repeating the order details (order confirmation). The order confirmation is not an acceptance of the Customer’s order / offer.

1.4 No right to conclusion of a contract; contract language
The Customer has no right to the conclusion of a contract. G&K TechMedia may reject the Customer’s offer for a purchase contract without giving any reason. The language of all contracts is German or English.

1.5 Conclusion of contract for goods and subscriptions
A contract for the purchase of goods becomes effective upon the shipping confirmation the Customer receives by email to the email address indicated by him or – where the Customer receives no shipping confirmation – by delivery of the goods or delivery of the first issue of a subscription. No purchase contract is concluded for products in one and the same order that are not indicated in the shipping confirmation.

1.6 Conclusion of contract for digital content
A contract for the delivery of digital content becomes effective upon download of the file; a Customer who is a consumer must explicitly agree before the execution of the contract that G&K TechMedia will start executing the contract before the withdrawal period has expired and that the consumer acknowledges and understands that by agreeing to the beginning of execution of the contract he loses his legal right of withdrawal under sec. 2 of these GTC. A consumer is any natural person who closes a legal transaction for purposes which are mainly outside his trade or independent profession.

1.7 Right of use for digital content
Except as otherwise set forth in the separate terms of use for digital content, G&K TechMedia grants the Customer a nonexclusive right to use the digital content for private purposes only. The product descriptions include information about the functionality, including applicable technical protection measures, of digital content and any relevant limitation on interoperability or compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.

1.8 Storing of contract terms
The terms of contract are enclosed with the order confirmation that the Customer receives by email to the email address indicated by him or – where the Customer receives no shipping confirmation – are enclosed in the shipment. G&K TechMedia does not store the contract terms.

2. Right of withdrawal; return costs; exceptions from the right of withdrawal

2.1 Right of withdrawal
A Customer who is a consumer is entitled to a right of withdrawal as provided by law. The provisions in this section 2 do not apply to Customers who are traders, i.e. natural persons or legal entities or incorporated partnerships that close the legal transaction as part of their commercial or independent professional activities.

- Instructions 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 first goods.
To exercise your right of withdrawal you must advise us of your decision to withdraw from this contract by submitting an unequivocal statement to Kundenservice G&K TechMedia, Bayerstraße 16a, 80335 München, E-Mail: kundenservice@ebnerverlag.de, Tel.: +49 (0) 89 / 741 17 205, Fax: +49 (0) 89 / 741 17 101(e.g. a letter sent by post, fax or email). You may, but are not required to use the enclosed model withdrawal form.
To meet the withdrawal deadline you must dispatch your withdrawal notice 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 shipping costs (except any additional cost resulting from your choice of a shipping method 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 receive your withdrawal notice for this contract. For the reimbursement we shall use the same payment method as you chose for the original transaction, unless specifically agreed otherwise with you; 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 must send back or hand over the goods without undue delay and in any event not later than 14 days from the day on which you advise us of your withdrawal from this contract, to Kundenservice G&K TechMedia, Bayerstraße 16a, 80335 München, E-Mail: kundenservice@ebnerverlag.de, Tel.: +49 (0) 89 / 741 17 205, Fax: +49 (0) 89 / 741 17 101. You are in compliance with the deadline if you dispatch the goods before the fourteen-day period 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 your handling the goods in any manner not necessary to establish the nature, characteristics and functioning of the goods.

- End of withdrawal instructions -

2.2 Exceptions from the right of withdrawal
No right of withdrawal shall be provided in respect of
·      contracts for the supply of goods that are non-prefabricated and made on the basis of an individual choice of or decision by the consumer or that are clearly personalised;
·      contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
·      contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts; or
·      contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance; this excludes services the trader provides on the occasion of such visit in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs.

3. Subscriptions: due dates; term; renewal; termination

3.1 Term of contract, due date of payments
Subscription contracts are concluded for the term indicated in the applicable product description. The subscription fees fall due in full on conclusion of the contract, in advance for the agreed period, unless specified otherwise in the product description.

3.2 Renewal, termination of contract
Unless otherwise specified in the applicable product description, the Customer may terminate a subscription contract by six weeks’ notice in text form prior to the end of the term. A subscription contract that has not been terminated will renew automatically for the duration of the originally agreed term.
G&K TechMedia may terminate a subscription contract when a magazine is discontinued, by giving six weeks’ prior notice. In any event of ordinary termination G&K TechMedia will reimburse to the Customer the prorated subscription price for undelivered issues.

3.3 Termination for cause
Nothing in sec. 3.2 shall prejudice either party’s right to terminate the contract for cause. The Customer will be entitled to terminate the subscription if delivery of a subscribed issue fails in two consecutive months. In any event of termination for cause G&K TechMedia will reimburse to the Customer the prorated subscription price for undelivered issues.

4. Prices; payment terms

4.1 All prices stated in a product description are total prices, inclusive of all taxes, charges and any freight, delivery or postal charges. Where the nature of the product is such that the freight, delivery or postal charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable will be indicated in the product description.

4.2 The price is due for payment upon conclusion of the contract. The Customer may choose from the payment methods as specified in the Shop and offered in the section “Payment information” during the ordering process.

5. Delivery, retention of title

The delivery will be made at the time stated in the product description. The deliverables remain property of G&K TechMedia until full payment has been made.

6. Warranty; Customer services; guarantees

The Customer is entitled to the warranty rights provided by law. No guarantee is given, except where a “guarantee” is explicitly specified in the product description. No additional after sale customer assistance or after-sales services are provided, unless set forth otherwise in the product description. The terms of any guarantee, after sale customer assistance or after-sales services are set out in the product description.

7. Liability

7.1 G&K TechMedia accepts full liability for damage and losses caused by intent or gross negligence.

7.2 G&K TechMedia accepts liability for ordinary negligence only for injury to life, limb or health or breach of material contract duties whose fulfilment is essential to the due and proper performance of the contract or whose breach puts the achievement of the contractual purpose at risk and whose fulfilment the customer could reasonably rely upon (“material obligation”). The liability of G&K TechMedia for any breach by negligence of a material obligation shall be limited to damage and losses that are characteristic for the type of contract and were foreseeable.

7.3 This limitation of liability shall not extend to any fraudulent concealment of defects or guarantee as to quality of the goods given by G&K TechMedia, or claims of the Customer under the Product Liability Act.

7.4 The liability of legal representatives, employees and vicarious agents engaged for the discharge of duties of G&K TechMedia shall not exceed the liability of G&K TechMedia

8. Limitation periods

8.1 Notwithstanding Sec. 438 (1) No. 3 of the German Civil Code the general limitation period for claims based on defects in quality and defects in title shall be one year from delivery. Where acceptance of the deliverables has been agreed, the limitation period shall commence upon acceptance.

8.2 Nothing in this shall prejudice the statutory special provisions for third party claims in rem for the release of purchased items (Sec. 438(1) No. 1 of the German Civil Code), for fraudulent concealment of defects by G&K TechMedia (Sec. 438(3) of the German Civil Code), and supplier recourse claims for final delivery to a consumer (Sec. 479 of the German Civil Code).

8.3 The above limitation periods under the law governing purchase contracts apply also to contractual and non-contractual claims for damages of the Customer based on a defect in the goods, unless the application of the regular statutory limitation period (Sec. 195, 199 of the German Civil Code) would result in a shorter limitation period from time to time. Nothing in this shall prejudice the limitation periods under the Product Liability Act under any circumstances. In all other respects the buyer’s claims for damages are subject exclusively to the statutory limitation periods.

9. Venue; governing law

9.1 Ulm shall be the exclusive place of jurisdiction and performance if the Customer is a merchant as defined in the HGB or a public law entity.

9.2 All contracts concluded via the Shop shall be subject exclusively to the laws of Germany, to the exclusion of the UN Sales Convention. If the Customer is a consumer, the mandatory provisions of the country where the Customer has his habitual residence shall remain unaffected.

C. Third party sellers

1. Goods that are displayed and advertised in the Shop by a third party are identified by the reference “Sold and shipped by...” in the product description, including a link to the third party seller’s terms of sale.

2. G&K TechMedia only provides the Shop as a platform for third party sellers to display, advertise, sell and ship goods. The third party seller is solely responsible for the goods posted in the Shop and the related content and information, such as product images and descriptions, delivery times or any shipping charges as may incur.

3. Sales by third party sellers are made in the name and for the account of the third party seller. The contract is made between the third party seller and the Customer only, while G&K TechMedia will not become a contracting party to the Customer. Any sale and shipping of goods through third party sellers shall be governed exclusively by the third party seller’s terms and conditions of sale, to which the Customer must agree when submitting an order.

4. Any notice of withdrawal or warranty claim in respect of such goods must be addressed to the third party seller only. G&K TechMedia will not forward any goods to the third party seller that are returned for reason of the Customer’s withdrawal from the contract or enforcement of warranty claims. The cost of returning any such goods to the Customer may be billed to the Customer. G&K TechMedia will not act as intermediary between the third party seller and the Customer in the event of any dispute.
Special Terms and Conditions for Events

1. Scope of application
All lectures, seminars, trainings, webinars, live meetings, trade fairs, conferences and other events (“Events”) that are planned, organised and/or hosted offline or online by G&K TechMedia GmbH, Denzlinger Straße 27, 79312 Emmendingen; Deutschland, Germany (“G&K TechMedia”) and for which the customer registers using the registration form available Websites under A. Scope of application (“Portal”), shall be governed exclusively and exhaustively by these General Terms and Conditions (“Event GTC”).

2. Technical registration steps; registration and participation

2.1 To register for an Event the customer must complete the required information with an asterisk in the registration form and click the button “Buy now”.

2.2 The display of an Event in the Portal merely represents a request for the customer to submit an offer for registration. The application for registration for the Event is an offer by the customer and can be submitted in writing, by fax or online. Online registrations are made in the Portal in that the customer clicks on the button “Commit to buy now”. Receipt of an online registration is acknowledged by return email (confirmation of receipt). Receipt of any registration submitted in writing or by fax will be confirmed via email by G&K TechMedia.

2.3 Together with the confirmation of receipt the customer will receive the details submitted in the registration form, including these GTC, as terms of the contract. The application remains binding on the customer for a period of 5 days from receipt by G&K TechMedia and until the customer receives a confirmation of receipt. Any errors in the data entered in the registration may be notified to G&K TechMedia at the email address set out in the confirmation of receipt and corrected at any time.

2.4 Registrations are processed by G&K TechMedia by date of receipt. The customer will be informed if his registration for an Event must be rejected for lack of vacancies. G&K TechMedia will notify the customer of alternative events or dates, where applicable.

2.5 A registration will be deemed accepted and a contract for participation in an Event becomes effective where G&K TechMedia submits a registration confirmation to the customer at the email address indicated by the customer, within 14 days after receipt of the registration. G&K TechMedia will send the Event tickets to the customer by post only on receipt of payment and no later than 5 days prior to the Event.

2.6 The language of all contracts is German. G&K TechMedia does not store the terms of contract.

3. Registration fee

3.1 All prices indicated in the Portal are total prices inclusive of all taxes, charges and any additional fees. The registration fee includes the customer’s participation in the Event and the materials dispensed at the Event, except where the Portal indicates additional fees for any such purpose. The Event registration fee falls due on receipt of the registration confirmation.

3.2 Travel and accommodation are not included in the registration fee. If the Event hotel or Event location offers rooms at special prices, this will be indicated in the listet Portals under A. Scope of applications or communicated to the customer by G&K TechMedia in the registration confirmation. The booking of any such rooms must be made by the customer. The special accommodation offers are valid for a limited time only.

3.3 G&K TechMedia reserves the right to charge a separate fee for further services not indicated in the listet Portals under A. Scope of applications such as refreshments, catering during breaks, lunch or dinner, etc.

3.4 For online Events, the customer is responsible for obtaining any hardware or software required in the registration confirmation and for having an appropriately fast internet connection.

4. Event hosting; changes

4.1 For Events hosted by G&K TechMedia, G&K TechMedia owes the customer the hosting of the booked Event at the times and locations and with the persons as previously announced. The Events are prepared and hosted by qualified instructors. G&K TechMedia does not provide any guarantee to the customer for that the customer’s participation will lead to any particular success.

4.2 For Events that are planned and organised by G&K TechMedia but hosted by a third party host, G&K TechMedia provides no guarantee regarding the accuracy, completeness or being up-to-date of the conference materials or Event subjects.

4.3 G&K TechMedia reserves the right to make insignificant changes to the planning and organisation of an Event and the related agenda, and to replace an instructor by another who is equally qualified to render the services of the original instructor, if there is a legitimate reason. Legitimate reasons are the instructor’s absence due to conflicting engagements, illness or force majeure.

4.4 G&K TechMedia has the right to cancel an Event for lack of attendance up to 14 days prior to the Event date, or for reason of force majeure.

4.5 G&K TechMedia will notify the customer without undue delay, by notice to the email address indicated by the customer, of any change to the time or location of an Event or significant change to the agenda of an Event or any cancellation.

4.6 If the time, location or agenda of an Event is changed significantly the customer will have the right to rescind the contract within two weeks after receiving the change notice. Any registration fee already paid will be refunded to the customer in any such event of rescission or if an Event is cancelled. The customer has no legal remedy to claim lost expenses incurred as a result of the cancellation, except in cases of intent or gross negligence.

5. Right of rescission; substitute customer

5.1 The customer may rescind the contract at any time prior to the start of the Event. Instead of rescinding the contract the customer may designate a substitute customer. Notice of rescission from an Event contract must be given by email to the address or fax number indicated by G&K TechMedia in the registration confirmation.

5.2 If notice of rescission is received on or before the 15th day prior to the Event no registration fee will be due and any registration fee already paid will be refunded to the customer. If the rescission notice is received up to 7 seven days prior to the Event 50% of the registration fee will be due. The full registration fee is due if the rescission notice is received any later. G&K TechMedia may show that a higher and the customer may show that a lower loss has been sustained as a result of the customer’s rescission or no show.

6. Consumer right of withdrawal

A customer who is a consumer is entitled to a right of withdrawal as provided by law. The provisions below do not apply to customers who are traders, i.e. natural persons or legal entities or incorporated partnerships that close the legal transaction as part of their commercial or independent professional activities.

- Instructions 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 first goods.

To exercise your right of withdrawal you must advise us of your decision to withdraw from this contract by submitting an unequivocal statement to Kundenservice G&K TechMedia, Bayerstraße 16a, 80335 München, E-Mail: kundenservice@ebnerverlag.de, Tel.: +49 (0) 89 / 741 17 205, Fax: +49 (0) 89 / 741 17 101.(e.g. a letter sent by post, fax or email).You may, but are not required to, use the enclosed model withdrawal form.

To meet the withdrawal deadline you must dispatch your withdrawal notice 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 shipping costs (except any additional cost resulting from your choice of a shipping method 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 receive your withdrawal notice for this contract. For the reimbursement we shall use the same payment method as you chose for the original transaction, unless specifically agreed otherwise with you; 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 must send back or hand over the goods without undue delay and in any event not later than 14 days from the day on which you advise us of your withdrawal from this contract, to G&K TechMedia GmbH & Co KG. You are in compliance with the deadline if you dispatch the goods before the fourteen-day period 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 your handling the goods in any manner not necessary to establish the nature, characteristics and functioning of the goods.

- End of withdrawal instructions -

7. Liability

7.1 G&K TechMedia accepts full liability for damage and losses caused by intent or gross negligence.

7.2 G&K TechMedia accepts liability for ordinary negligence only for injury to life, limb or health or breach of material contract duties whose fulfilment is essential to the due and proper performance of the contract or whose breach puts the achievement of the contractual purpose at risk and whose fulfilment the customer could reasonably rely upon (“material obligation”). The liability of G&K TechMedia for any breach by negligence of a material obligation shall be limited to damage and losses that are characteristic for the type of contract and were foreseeable.

7.3 This limitation of liability shall not apply to any fraudulent concealment of defects or guarantee as to quality given by G&K TechMedia, or claims of the customer under product liability legislation (such as the Product Liability Act).

7.4 The liability of legal representatives, employees and vicarious agents engaged for the discharge of duties of G&K TechMedia shall not exceed the liability of G&K TechMedia.

8. Working material

The documents handed out, slides presented, product images displayed, and materials such as video or audio recordings or software used at the Event (together the “Working Material”), are protected by copyright. G&K TechMedia grants the customer a nonexclusive, non-assignable right to use the Working Material for private purposes, except where otherwise provided in the Working Material. The Working Material or excerpts thereof may not be reproduced or disseminated without G&K TechMedia’s consent.

9. Miscellaneous provisions

All contracts signed under these Event GTC shall be subject to German law. The courts at Ulm shall have exclusive jurisdiction for any disputes if the customer is a merchant as defined in the HGB or a public law entity.

Note: Link to the European Online Dispute Resolution Platform: ec.europa.eu/consumers/odr/. Please note that G&K TechMedia does not participate in alternative dispute resolution or European online dispute resolution.