General Terms and Conditions
The following General Terms and Conditions (GTC) also contain legal information about your rights under the regulations on contracts in distance selling and electronic commerce.
1 Scope / Definitions
1.1 These General Terms and Conditions apply to all services provided by TL-Media UG (haftungsbeschränkt), Kaiserstr. 9, 51545 Waldbröl, Germany, via the Internet store here. Deviating conditions of the buyer are hereby expressly contradicted. These shall not become part of the contract either by providing the goods or by any other implied act.
1.2 A consumer within the meaning of these General Terms and Conditions is a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
1.3 If the customer is an entrepreneur as defined in the previous paragraph, these General Terms and Conditions also apply to future transactions between TL-Media UG (haftungsbeschränkt) and the customer via the website here, even if they are not expressly referred to again.
2. Contracting Party
A contract is concluded with TL-Media UG (haftungsbeschränkt), Kaiserstr. 9, 51545 Waldbröl, Germany, represented by the managing director Julien Quadt.
3 Subject Matter of the Contract / Rights of Use
3.1 The offers in our store are aimed exclusively at persons who have reached the age of 18.
3.2 In our store, digital content (videos/photos) is offered exclusively for private, non-commercial use. Users can purchase different memberships, which grant them uncensored access to all content on the Website for a varying period of time. What all memberships have in common is that they end automatically after expiry of the respective term specified at the time of conclusion of the contract, without the need for termination. In order to continue using the content of our Website after the expiry of a membership, a new membership must be taken out, whereby each membership offered is freely available to the user for the purpose of taking out a new membership.
3.3 An uncensored use of all contents of our website is possible immediately after successful completion of the order and payment process, regardless of the selected membership.
3.4 The purchased membership entitles to the private use of the contents of our Internet site, limited in time to the duration of the respective subscription, but not to the commercial exploitation and also not to the processing, reproduction, distribution, making available to the public or exhibition of these contents. The public reproduction, making available to the public, exhibition or performance of individual contents of our Internet site or parts thereof requires a separate consent on our part. The distortion, transformation and making publicly available of content or parts thereof is therefore always prohibited and will result in both civil and criminal penalties.
4. Order Procedure
You can conclude a membership by
a) choosing one of the offered time subscriptions,
b) providing the required information for the invoice (street, city, postal code, country),
c) take note of our general terms and conditions and confirm this,
d) confirm that they have been informed about and agree to the early expiration of their right of cancellation,
e) confirm the correctness of their information by clicking the button "order with obligation to pay" at the end,
f) complete the payment process with our partner PayPal by registering there or opening an account and providing and confirming the required payment details.
5. Offer and Conclusion of Contract
5.1 Your order constitutes a binding offer to us to conclude a membership contract. With the order, you declare bindingly that you wish to acquire the ordered membership for the stated duration.
5.2 You will receive a copy of the order data with the order confirmation e-mail, which you can save. In this e-mail, we also confirm that the statutory right of withdrawal has expired at your request.
5.3 A contract for the ordered membership is concluded when we accept your binding order by providing access.
5.4 The contract shall be concluded exclusively in German.
6. Correction of Input Errors / Saving of the Contract Text
6.1 You can correct the contract declaration made by you as part of the order at any time before sending it by clicking on the "Cancel" button or by using the left arrow in your browser window. After sending the order, a correction is no longer possible.
6.2 The contract text of your order will be stored by us for a period of ten years from the order date. If you lose the contract text for your order, please contact us by e-mail. We will gladly send you a copy of the data of your order. After expiration of the legal retention period of ten years, the order data will be deleted by us and can no longer be made accessible.
7. Right of Withdrawal
The statutory right of withdrawal for consumers purchasing digital content expires when we have begun executing the contract after you have expressly agreed that we may begin executing the contract before the end of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by agreeing to begin executing the contract. We will also send you the information about the expiry of your right of withdrawal in text form with the order receipt confirmation e-mail.
8. Prices
8.1 The prices of the individual memberships stated on the offer pages always include the statutory value added tax.
8.2 Shipping costs do not apply, as all content is provided purely digitally.
9. Delivery
9.1 Delivery shall be made exclusively by activation. There is no restriction on the countries to which delivery is made.
9.2 The shipment of physical data carriers is excluded.
10. Payment
10.1 Payment shall be processed exclusively via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
If the customer additionally uses the payment method "invoice" at PayPal, the following applies: PayPal carries out a risk check and decides whether a payment by means of the payment source invoice selected by the buyer is possible. In this case, the claim against the customer for payment of the purchase price will be assigned by us to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (PayPal) for the purpose of collection. After the assignment of the claims, payments shall be made with debt-discharging effect exclusively to PayPal. By choosing the payment method "invoice", the customer therefore declares that he agrees to an assignment of the claim to PayPal and allows us to transfer the data provided by the customer in this regard, such as name, address and e-mail address to PayPal. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
Payments can only be made to the PayPal account. The purchase price claim is due within 14 days after receipt of the goods. The period begins to run on the day after receipt of the goods and ends on the 14th following day.
10.2 After successful completion of the payment process, we will provide you with access to the uncensored content of our website within a few minutes.
11. Warranty
The statutory warranty rights apply to all digital content provided.
12. Liability
12.1 We shall be liable without limitation in accordance with the statutory provisions for damage to life, limb and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. We shall only be liable for damage based on the absence of a guaranteed quality, but which does not occur directly to the contents, if the risk of such damage is obviously covered by the guarantee of quality.
12.2 We shall also be liable for damage caused by simple negligence, insofar as the damage resulting from this is based on the infringement of rights that are to be granted to the customer according to the content and purpose of the contract in particular and/or on the infringement of obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely (cardinal obligations).
12.3 Any further liability is excluded regardless of the legal nature of the asserted claim.
13. Final Provisions
13.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods, insofar as the protection granted by mandatory provisions of the law of the country in which the customer, who is a consumer, has his habitual residence is not withdrawn.
13.2 In the case of contracts with merchants within the meaning of the German Commercial Code (HGB), i.e. customers who operate a commercial business or are classified as merchants in the HGB for other legal reasons, as well as with legal entities under public law, Waldbröl, Germany, shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.