1. scope of application
The following GTC apply toall contracts for deliveries and services of individual sales or subscription contracts or digital offers by our customers ("Customer/Customer") via our online store (hereinafter referred to as "Provider").
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A consumer, on the other hand, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.öprofessional activity.
Without further notice, these GTC shall also applyalso apply to entrepreneurs forfor futurefuture business relations. Conflicting or supplementary general terms and conditions of the entrepreneur are hereby rejected. They shall not apply and shall only become part of the contract if expressly agreed.
2. contractual partner, conclusion of contract, correction möpossibilities
Contracting party Phoenix Verlag für Grafikdesign UG (haftungsbeschränkt).
All products in our online store and their presentation represent exclusively a non-binding invitation to submit a purchase offer. This does not constitute a legally binding offer.
You have theöto select one of our products (individual delivery, subscription, digital content, advertorial) in our online store and add it to your shopping cart by clicking the corresponding button. To complete the purchase you canöIn the "Check-Out", you can enter the data required to process the contract in the input masks shown. Mandatory fields are marked accordingly. It is not necessary to create a customer account. Your entries can beöYou can correct your entries at any time before submitting a binding order. To make corrections, please use the correction aids provided and explained during the order process.
The order for the goods contained in the shopping cart becomes binding when you confirm the GTC and data protection provisions and click the order button click on the order button.
Immediately afterwards, we will confirm receipt of your order by e-mail. Receipt can also be effected by sending the invoice. Confirmation of receipt or invoice or, at the latest, delivery of the goods also constitute acceptance of the purchase offer.
3. contract language, contract text storage
The contract language is German. The text of the contract will be stored if necessary for the execution of the contract and will be deleted after the contract has been fulfilled.ödeleted after fulfillment of the contract.
We will send you the order data and the general terms and conditions in text form.
Further access to the contract text (e.g. via the Internet) is not provided for security reasons.
4. prices, shipping costs and delivery conditions
All prices are net prices plus the applicable statutory VAT (if applicable) and shipping costs (depending on the country of delivery).
We do not deliver to packing stations.
For individual orders, the goods will be delivered within 3 to 7 working days if they have already been published. If the goods have not yet been published, delivery will be made within 3 to 7 working days after publication.
Subscription orders are made on a recurring basis within the agreed contract period within 3 to 7 days of publication. Different conditions may apply for the first delivery.
Digital content is delivered when it is available. As a rule, immediately or at the time of implementation.
5. reservation of delivery
If the ordered product cannot be delivered through no fault of our own, we reserve the right to withdraw from the contract. You canöYou can choose a comparable product or, if you wish, we will refund any payments you have already made. We will use the payment method you have chosen for the refund.
6. payment
All invoice amounts are due for payment immediately and without deduction.
In the case of a subscription order, payment is due without deduction in accordance with the agreed payment interval (fixed term: in advance, full amount; indefinite term: monthly in advance).
By providing an e-mail address, the customer agrees to the invoice being sent to him in digital form to the e-mail address provided. If it is not possible to send the invoice due to an incorrect or non-existent e-mail address or if the customer objects to the invoice being sent by e-mail, the invoice will be sent by post, if necessary at the customer's expense.
The following payment method is currently available in our store:
External payment service providers
We use external payment service providers through whose platforms users and we can make payment transactions (e.g., each with a link to the privacy policy,
Paypal(https://www.paypal.com/de/webapps/mpp/ua/privacy-full)
Stripe(https://stripe.com/at/privacy)
As part of the fulfillment of contracts, we use the payment service providers on the basis of Art. 6 para. 1 lit. b. GDPR. In addition, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR. GDPR in order to offer our users effective and secure payment options.The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the payment service providers' terms and conditions and data protection information.Payment transactions are subject to the terms and conditions and the data protection notices of the respective payment service providers, which can be accessed on the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of data subjects.
6. right of withdrawal
Entrepreneurs are not granted a voluntary right of withdrawal.
7. reservation of title
The goods shall remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - to Höamount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
8. transportation damage
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9 Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply
For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk.
In relation to entrepreneurs, only our own information and product descriptions, which have become part of the contract, shall be deemed to be an agreement on the quality of the goods; for öpublic ÄWe accept no liability for public statements made by third parties or other advertising statements made by third parties.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages on our website.
10. liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation in the event of injury to life, limb or health.öor health, in the event of intentional or grossly negligent breach of duty, in the event of warranty promises, insofar as agreed, or insofar as the scope of application of the Product Liability Act applies.öis opened.
In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract, theöand on the fulfillment of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the liability of the company is excluded.öliability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
11 Term and termination of subscriptions
A subscription for the purchase of our products is concluded for the agreed initial term. The duration of the initial term depends on the selected subscription.
At the end of the initial term, the subscription converts to an unlimited subscription, unless the subscription is terminated with a notice period of 4 weeks to the end of the initial term.
The above does not apply to so-called student subscriptions. The customer must submit proof of student status (certificate of enrollment) 4 weeks before the end of the initial term in order to continue to enjoy the benefits of a student subscription with a specific term. If such proof is not provided, the subscription will be converted into a normal unlimited subscription. If proof is provided, the student subscription will be extended for a further 12 months.
Open-ended subscriptions can be canceled at any time with a notice period of 4 weeks to the end of the month.
The right of the parties to terminate the contract for good cause remains unaffected by the above agreements. For the Provider, good cause shall include, in particular, permanent or persistent default in payment, imminent or actual insolvency of the Customer or the opening of insolvency proceedings against the Customer's assets.öor if there is a deterioration in the customer's financial circumstances that does not guarantee complete and punctual fulfillment of the payment obligations. The request for an installment payment agreement or deferral by the customer indicates the aforementioned deterioration.
All notices of termination must be in text form.
12. copyrights and rights of use
The copyrights and rights of use granted by the provider ("author") created printed and digital content, texts, images, graphics, information folders and documents etc. (collectively "Works") are protected by copyright.
The copying or publication of the works or the redistribution of images of the works is prohibited unless the provider agrees to the copying or publication in text form in advance. Consent to commercial use may be made dependent on the payment of a fee or the agreement of a fee-based license.
The above also applies in particular to dissemination on the Internet, social media, chat programs, print media or similar.
Private non-commercial use or distribution on the Internet may be permitted if the author is clearly named in close proximity to the work or image of the work and a link is provided to the author's website.
Violations of the above obligations justify the assertion of claims for damages, a claim for injunctive relief and/or termination of the use in violation of copyright and, if applicable, criminal prosecution. In addition, the customer shall be entitled to remuneration in accordance with the valid price list or the customary local remuneration for comparable services if no price list exists. Furthermore, the customer is obliged to indemnify the provider against all third-party claims that are raised due to a breach of the above obligations. The indemnification shall also apply to the costs of an appropriate and reasonable legal defense. The assertion of further claims is not excluded from the above.
13. text form
All amendments, additions and declarations relating to the user relationship must be made in text form (e.g. e-mail, fax), unless a change is possible in the internal area of the user account in these GTC.
14. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
