Current Status: September 2016
§ 1 Scope of Application
- The following terms and conditions apply, starting from conclusion of the contract, to all business between Quadriga Media Berlin GmbH (hereinafter: Quadriga Media) and Subscribers to Communication Director magazine.
- Differing terms and conditions of Subscribers are not permitted by Quadriga Media, unless confirmed in writing by Quadriga Media. If Quadriga Media has not agreed to differing terms and conditions the consent of Quadriga Media cannot be assumed.
§ 2 Conclusion of Contract
Contract partner of the Subscriber is
Quadriga Media Berlin GmbH
Represented by the Managing Directors
Rudolf Hetzel und Torben Werner
Werderscher Markt 13
Charlottenburg District Court
Registration number: HRB 85627
Value-Added Tax Act Identification Number: DE 222932043
Responsible for content according to Media Services Act § 6 MDStV: see Managing Directors
§ 3 Scope of Services/ Delivery/ Dispatch Costs
- The object of the service is the ordered good as well as its delivery for the term of the contract.
- Delivery is subject to availability. In case of unavailability the Purchaser will be immediately informed and refunded for services in return already provided. Goods are only delivered in small, household quantities. Quadriga Media is entitled to make part deliveries.
- Dispatch costs for the magazines within Germany and abroad are covered by Quadriga Media. Delivery date is not guaranteed.
§ 4 Duration/ Termination
- The minimum standard subscription period is one year. The one issue trial subscription begins upon receipt of the magazine issue. If the trial subscription is not cancelled in writing within two weeks of receiving the free issue it automatically converts into a standard paid annual subscription. The contract termination must be in writing. The contract for the standard subscription will be automatically renewed for one year if the contract is not terminated six week before the end of the calendar year.
§ 5 Returned Goods
- The Purchaser has the right to cancel the purchasing agreement within two weeks of receiving the good. A cancellation with postal date within this time period is sufficient.
- The Purchaser can make the cancellation in writing (e.g. by letter, fax, email) without stating a reason or by simply sending the goods back. In exercising the right to cancellation the Purchaser is obliged to send the goods back in complete form.
- Contact details for cancellation as well as the address for return of goods are to be found on the delivery note or enclosed receipt.
- If the goods have been used or show signs of use, we reserve the right to reduce the amount of the refund in proportion to lowering of value and use of the goods.
- The Purchaser must bear the cost of returning goods up to a value of 40.00 Euros, unless the goods or services were not delivered as ordered.
- In case of a valid cancellation Quadriga Media will reimburse the customer with the purchase price, if already paid. For payments abroad the dispatch cost will be deducted. Quadriga Media exercises the right to withhold payment until the goods have been fully returned.
- The right to cancellation is not granted with contracts for delivery of 1. newspapers, journals and magazines 2. audio and video resources, or software, if the data storage media have been opened 3. customized goods (e.g. personalized books).
- In case of rejection of cancellation and return of goods according to § 312 d para. 4 of the German Civil Code and § 5 para. 2 of our General Terms and Conditions, the Purchaser must bear the return dispatch cost.
§ 6 Payment Conditions/ Retention of Ownership Rights
- Quadriga Media only accepts the payment methods made available to the Purchaser in the order transaction. In case of cancellation or non-payment of a direct debit the Purchaser irrevocably authorizes their bank to inform us of their name and current address.
- The purchase price and any incidental expenses are due upon delivery of the goods and invoice. The amount must be transferred to a stipulated bank account of Quadriga Media.
- If the Purchaser defaults on payment, Quadriga Media is entitled to terminate the contract or charge interest at 5 percent over the basic rate.
- Until complete settlement of all existing claims against the Purchaser the delivered goods remain the property of Quadriga Media.
§ 7 Liability
- The Purchaser must immediately notify Quadriga Media in writing of any defects.
- The Purchaser must provide evidence of the defect in the delivered goods. Quadriga Media must be permitted reasonable time either for replacement delivery or to remedy the defect. If this is not possible the Purchaser has the right to choose between cancellation of the purchase or price discount.
- In case of negligent violation of a fundamental contractual obligation or failure of a warranted specification Quadriga Media accepts liability up to the maximum of typically foreseeable damages, usually not exceeding the purchase price of the goods.
- Quadriga Media is not responsible for damages not originating from the physically delivered goods. In particular Quadriga Media is not responsible for lost profits or other financial losses. Limited liability of Quadriga Media also applies to its employees, representatives and agents. This limited liability does not apply to intentional damage, gross negligence, damage caused by culpable violation of cardinal obligations, or in case of personal injury.
§ 8 Data Protection
- Quadriga Media gathers, saves, processes and uses data received in association with the contractual relationship in accordance with the German Federal Data Protection Act (BDSG) and Teleservices Data Protection Act (TDDSG), insofar as this is required for lawful processing of orders and information. Quadriga Media is entitled to pass on personal data to third parties during the processing of orders. Quadriga Media guarantees that personal data will be handled with care and only used for the purpose of orders.
- Quadriga Media is entitled to observe and record the payment behaviour of Purchasers to safeguard the lawful processing of orders and combat abuse, in particular credit card abuse. Paragraph 1 also applies to such data.
§ 9 Miscellaneous
- The Purchaser is only entitled to offset their costs insofar as their counter-claims are legally binding, undisputed or have been confirmed in writing by Quadriga Media.
- The Purchaser is entitled to retention of ownership rights only insofar as the counter-claim rests on the same contractual basis.
- If a non-essential part of the contract is or becomes invalid under these conditions, the validity of the contract remains otherwise unaffected.
§ 10 Applicable Law
- Exclusively the law of the Federal Republic of Germany is applicable to these General Terms and Conditions.
- If this law refers to foreign legal jurisdictions, such references are invalid. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressedly forbidden.
§ 11 Language
Any translations of these General Terms and Conditions serve merely as a reading aid. In disputes and questions of interpretation only the English version of these General Terms and Conditions is valid.
§ 12 Place of fulfillment and jurisdiction
- The place of fulfillment for deliveries and services is Berlin.
- If the Subscriber is a salesperson, or a legal entity or special assets fund under public law, the exclusive jurisdiction is Berlin.