General terms and conditions of the MedienLB, Medien für Lehrplan und Bildungsstandards GmbH (hereinafter referred to as "MedienLB")

1 Scope

1.1. The general terms and conditions of the MedienLB in the current version apply to all contracts / orders, unless deviating conditions have been agreed in writing in individual cases. Conflicting terms and conditions of the buyer / customer do not apply, regardless of whether or not they are aware because, these are recognized in writing. As a precautionary measure, such conditions are hereby rejected.

1.2. Earlier terms and conditions of MedienLB lose their validity with regard to future contracts.

2. Contracting parties, conclusion of contract, amendment, binding offer

2.1. The contractual / order relationship comes about between the customer and MedienLB. The contract is concluded after the order has been received by MedienLB and a written order confirmation by MedienLB or by execution of the order / contract by MedienLB.

2.2. We reserve the right to make technical or other changes that are reasonable. As far as legally permissible, offers are also non-binding.

3. Purpose of the contract

The purpose of the contract is the ordering and delivery of audiovisual media.

4. Execution of the contract

4.1. In individual cases, the execution of the contract can be made dependent on the customer making a down payment or other security.

4.2. Without the express written consent of MedienLB, the customer is not entitled to transfer rights and / or obligations from contracts concluded with MedienLB to third parties.

5. Transfer of rights, rights of use, copyright and publishing rights

5.1. The customer only receives the transfer of the right not to present the media for non-commercial educational purposes in public in the sense of copyright law in accordance with the applicable license provisions, including all ancillary costs, when the respective invoice has been paid in full. Any other regulations require the prior written consent of MedienLB.

5.2. All rights not expressly assigned in these terms and conditions, the corresponding license provisions or by printing on the media themselves are reserved. In particular, the following are prohibited:
- Commercial, public demonstrations in every technically possible manner as well as public demonstrations outside of the educational sector,
- Duplication, making copies and transferring in any technical way,
- Broadcasts on radio, television, the Internet and all other possible presentation media, regardless of which technical transmission channels (satellite, cable, etc.) are used,
- Editing or changing the media or sharing the same and
- peeling off, sticking over or otherwise obscuring the original labels and the MedienLB label.
The right to assert claims for damages and to prosecute violations are expressly reserved.
If there are any questions or ambiguities with regard to the above rights, the MedienLB must be contacted to clarify these questions before using the media.
The software and the data are protected by copyright. The copyright and publishing rights as well as all associated rights remain exclusively with MedienLB and / or the respective rights holder. It is prohibited to copy the CD-ROM and DVD, to change, edit, translate, decompile or disassemble the software contained on the CD-ROM or parts thereof.

6. Binding delivery dates

Delivery dates are only binding if, after receipt of the order, a written confirmation is given by an appropriately authorized employee of MedienLB.

7. Payment Terms

7.1. Unless otherwise agreed in writing, all payments are to be made within 30 days of the invoice date or delivery of the goods without any deductions.

7.2. The customer can pay the price by bank transfer, cash on delivery, on account, by credit card or by direct debit. MedienLB reserves the right to exclude individual payment methods. Checks and bills of exchange are not possible methods of payment.

7.3. After expiry of the payment period in accordance with Section 7.1, the customer is in default of payment. The customer, the consumer i.S.d. BGB, has the monetary debt in the amount of 5 per cent during the delay. to pay interest above the base rate (§ 247 BGB). The customer, the entrepreneur i.S.d. BGB, has the monetary debt in the amount of 8 per cent during the delay. to pay interest above the base rate. Towards the customer, the entrepreneur i.S.d. BGB, MedienLB reserves the right to prove and assert higher damage caused by default interest.

7.4. The relevant price list at the time the order is placed is decisive. All prices quoted include the current statutory value added tax. They only apply to orders from domestic state, district and city image offices, media centers, libraries, inter-company vocational training and rehabilitation institutions, universities of all kinds, other youth and adult education institutions.

7.5. The prices in EUR do not include packaging and delivery charges.

7.6. For all other orders: delivery options, conditions and prices on request.

7.7. If MedienLB becomes aware of circumstances which call the customer's solvency or willingness to pay, in particular if payments are suspended or if payments are in arrears, MedienLB is entitled to call the entire remaining debt due, regardless of whether payment terms or deferrals have already been granted have been. In this case, MedienLB is also entitled to request advance payments or security deposits (see also section 4.1.) Or to withdraw from the contract after setting a reasonable deadline.

7.8. The customer only has the right to offset if his counterclaim has been legally established or recognized by MedienLB. In this case, the same applies to any right of retention.

7.9. In principle, the customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

8. Reservation of title, MedienLB right of withdrawal

8.1. The goods remain the property of MedienLB until they have been paid for in full, including all additional costs.

8.2. MedienLB is entitled to withdraw from the contract and demand the return of the goods in the event of default in payment or any other conduct contrary to the contract.

9. Transfer of risk for shipments, bearing of costs

9.1. For customers who are consumers i.S.d. BGB, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the consumer when the goods are handed over to the consumer.

9.2. For customers who are entrepreneurs i.S.d. BGB, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over, or when the goods are shipped to the freight forwarder, the carrier or any other third party responsible for carrying out the shipment.

9.3. In the case of shipments to MedienLB, the sender bears the risk for the goods until they are finally accepted by MedienLB.

9.4. Goods are returned to MedienLB up to an order value of EUR 40.00 at the customer's expense, unless the goods delivered do not correspond to the goods ordered.

9.5. When files are delivered online, the risk of loss and changes to the data is transferred to the customer when the network interface is exceeded.

9.6. The handover is the same if the customer is in default of acceptance.

10. Warranty

10.1 Customers who are entrepreneurs i.S.d. BGB, obvious defects must be reported in writing to MedienLB within one week of receipt of the goods, otherwise the warranty claim is excluded. The entrepreneur is fully obliged to provide evidence of the requirements for a claim (defect, complaint, timely receipt of the complaint).

10.2 The statutory provisions apply to the notification of defects that are not obvious.

10.3 The warranty period for customers who are consumers i.S.d. BGB are two years from delivery of the goods. The warranty period for customers who are entrepreneurs i.S.d. BGB are one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods.

10.4 The warranty is initially limited to customers who are entrepreneurs i.S.d. BGB are, at the option of MedienLB, on free repair / replay or delivery of flawless pieces. In the event of two failed repairs / replacement deliveries, the customer has the right to change the purchase contract or to reduce the purchase price.

10.5 Customers who are consumers i.S.d. BGB, you have the choice of whether the supplementary performance should be carried out through repair or replacement. MedienLB is entitled to refuse the type of supplementary performance chosen; if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.

10.6 Further claims are excluded.

11. Liability

11.1 MedienLB is only liable for the complete scope of delivery in accordance with the respective information and for the flawless picture and sound quality within the framework of recognized rules of technology for the copying and printing processes used for the items provided; CD-ROMs accepted under the manufacturer's guarantee.

11.2 The MedienLB assumes no liability for limited functionality due to system-related conditions and peculiarities of a program.

11.3 In the case of slightly negligent breaches of duty, MedienLB's liability towards customers is limited to consumers i.S.d. BGB are based on the foreseeable, contract-typical, direct damage. This also applies to slightly negligent breaches of duty by their legal representatives or vicarious agents. Liability for indirect damage, such as lost profit, etc. is excluded.

11.4 For customers who are entrepreneurs i.S.d. BGB, MedienLB is not liable for a slightly negligent breach of insignificant contractual obligations. In the event of a breach of essential contractual obligations, the restrictions of section 11.3 apply.

11.5 Liability for injury to physical injury and damage to health, due to the Product Liability Act or due to guaranteed properties, remains unaffected by the above regulations.

12. Data protection

12.1. MedienLB collects and processes personal data within the framework of the relevant legal provisions, in particular within the framework of the Federal Data Protection Act.

12.2 The customer expressly consents to the collection, processing and use of his personal data in anonymised form for the purposes of customer information, market research and to tailor the range of services offered by MedienLB to requirements. He has the right to revoke his consent at any time with effect for the future.

13. Cancellation policy

13.1 In the case of a contract that is concluded with the exclusive use of means of distance communication, the consumer has the right to revoke his declaration of intent for the conclusion of the contract within a period of two weeks, whereby the revocation period for the delivery of goods is on the day of your Receipt by the recipient, in the case of recurring deliveries of similar goods on the day of receipt of the first partial delivery and, in the case of services, on the day the contract is concluded. The revocation does not have to contain a reason and must be declared in writing (e.g. letter, fax, e-mail) or by returning the goods to MedienLB; Deadline is sufficient for the timely dispatch. The period begins with receipt of this instruction at the earliest. The right of withdrawal expires after the audio or video recordings supplied or software have been used. The revocation must be sent to: MedienLB Society for Curriculum and Educational Standards GmbH Am Hauptplatz 2 82131 Gauting Fax: 089/21 96 92 55 E-Mail: info@MedienLB.de

13.2 In the case of a contract that involves the delivery of goods, the consumer is obliged to return the goods if the right of withdrawal is exercised if the delivery item can be sent by parcel. The cost of the return is borne by the consumer when exercising the right of withdrawal for an order value of up to € 40, unless the goods delivered do not correspond to the goods ordered. With an order value over € 40, - the consumer does not have to bear the costs of the return. In the event of an effective revocation, the mutually received services are to be returned and any benefits drawn are to be surrendered. If the service received cannot be returned in whole or in part or can only be returned in a deteriorated condition, compensation may have to be paid. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection. In addition, the obligation to pay compensation can be avoided by not using the goods as if they were by an owner and by refraining from anything that could impair their value.

14. Exchange

Exchange because of dissatisfaction is excluded.

15. Severability clause, place of jurisdiction, applicable law

15.1 The place of jurisdiction for all resulting claims is - as far as legally permissible - Munich. The place of performance is Starnberg.

15.2 The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law.

15.3 Should individual provisions of the contract with the customer, including these terms and conditions, be or become ineffective in whole or in part or contain loopholes, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation or loophole should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one or, in the case of a loophole, should be supplemented by a regulation that comes as close as possible to what the parties wanted.