General Terms & Conditions
Pontus-Media UG (haftungsbeschraenkt)
Webshop URL: https://www.pontus-shop.de
§ 1 Scope
All offers, purchase agreements, deliveries and services provided to our customers via our Online Shop www.pontus-shop.de (‘webshop’) shall be subject to these General Terms and Conditions.
Our customers’ general terms and conditions shall not apply to our offerings, even if, in the individual case, we do not expressly object to their application.
§ 2 Conclusion of contract
Our offerings in the webshop shall be deemed non-binding.
With regard to our print products (posters, art reproductions, calendars, etc.), upon its submission of an order the Ordering Party shall be deemed to have made a binding offer to conclude a purchase agreement, to which offer the Ordering Party shall be bound until the end of the 7th work day following the day of the offer. The Ordering Party shall be issued a confirmation of receipt of its offer.
The purchase agreement shall take effect as soon as Pontus Media communicates its acceptance of offer via e-mail to the Ordering Party or ships the merchandise.
Contracts for download products shall be concluded as follows: Once a title and desired mode of payment have been chosen, the Ordering Party submits a binding offer by clicking on the button marked ‘buy now’.
The chosen download-product will be delivered by E-Mail to the e-mailaddress that the customer has entered.
Customers have to make sure that the e-mailaddress that they enter in the checkout is valid.
§ 3 Rights
Pontus-Media hereby grants the Ordering Party the right to private use only of the print and download products purchased.
The Ordering Party shall be responsible for compliance with applicable law. Specifically, it may not use print products for commercial purposes or publicly reproduce, show or make publicly available the download products purchased. The Ordering Party may not in any other manner circulate, exploit or make commercial use of the products purchased. It shall also be prohibited from making the download products available by such means as peer-to-peer networks, file-sharing sites, etc.
Disclosure to third parties of access data for downloads shall also be prohibited.
§ 4 Prices and shipping costs
The prices shown on the website include the applicable value-added tax as stipulated by the laws of the Federal Republic of Germany; shipping costs are not included.
Purchases of download products shall be exempt from shipping costs.
We shall deliver only in exchange for advance payment via the mode of payment the Ordering Party selects on the order form.
The Ordering Party shall have a right of offset or retention only insofar as the counterclaim is uncontested or has been declared as a matter of enforceable law.
§ 5 Delivery
For all downloadable products you get instant access right after successful payment.
Delivery time for shipping items shall be 10 work days, beginning with the date of receipt of the entire purchase price incl. value-added tax and shipping costs.
If delivery becomes impossible for a sustained period due to force majeure (war, civil war, natural catastrophes, etc.), an obligation to perform shall be precluded and payments made refunded without delay.
Deliveries to the Ordering Party will be insured for up to EUR 750.00.
We shall be entitled to make partial deliveries where products separately usable have been ordered in a single order; in the event, we shall bear any additional shipping costs incurred.
§ 6 Transfer of risk
When purchased print products are shipped, the risk of accidental destruction, accidental damage or accidental loss shall transfer to the Ordering Party at that point in time in which the print products are delivered or the Ordering Party is in default of acceptance. In all other cases, the risk shall transfer to the Ordering Party upon delivery of the print products to the transport company.
§ 7 Warranty
Titaneia hereby warrants that merchandise purchased is free of defects upon transfer of risk and that it manifests the characteristics contractually assured.
If, however, the delivered merchandise exhibits a material defect, the Ordering Party may insist either upon elimination of the defect or upon delivery of merchandise free of defects.
The warranty period shall be 2 years from delivery.
§ 8 Right of cancellation/cancellation policy
There shall be no right of cancellation where download products are concerned, as these products are of a condition not suited for return.
With regard to print products, the following right of cancellation shall apply, to which express reference is made:
You may cancel your declaration of contractual intent within one month without giving reasons in text form (e. g. letter, fax, e-mail) or – if you have taken possession of the object of contract before the limit expires – by returning the object. The fixed period shall commence following receipt of this policy in text form, but not prior to receipt of the merchandise by the recipient (in the event of recurrent delivery of merchandise of the same kind, not prior to receipt of the first partial delivery) nor prior to fulfilment of our duty to inform in accordance with Article 246 § 2 in combination with § 1 para. 1 and 2 of the Introductory Law to the German Civil Code [EGBGB] as well as our obligations under § 312 g para. 1 cl. 1 of the German Civil Code [BGB] in connection with Article 246 § 3 EGBGB. Timely despatch of the cancellation or of the goods shall be deemed constitutive of compliance with the term of cancellation.
The cancellation must be directed in writing to:
Preclusion of the right of cancellation under BGB § 312 d para. 4 cl. 1:
The right of cancellation shall not apply in the case of distance selling contracts for the delivery of merchandise produced to customer specifications or clearly tailored to personal needs. This preclusion shall apply, however, only if the merchandise has already been produced to customer specifications. Products specially prepared to customer specifications are considered custom-produced merchandise. The aforementioned custom-produced goods shall be generally excluded from rights of exchange and return.
Consequences of cancellation:
In the event of an effective cancellation, the services received by both Parties to the transaction shall be refunded and any benefits deriving therefrom (e.g. interest) surrendered. If you cannot return to us all or a portion of the service received or of the usage derived (e.g. amenity and advantage of usage), or if you can do so only in a deteriorated state, you shall be liable for compensation of the value thereof. For deterioration of the goods involved, and for usage derived, you must provide compensation only insofar as the usage or deterioration is traceable to dealings with the object that go beyond a check of the characteristics and mode of operation involved. You must provide compensation for usage derived only insofar as you have used the merchandise in a manner and form that goes beyond a check of the characteristics and mode of operation involved. The term ‘check of the characteristics and mode of operation’ as used here shall be understood to mean such testing and trying-out of the merchandise in question as is possible, for example, within shop premises. You are not required to provide compensation for deterioration arising through proper use of the goods in question. Items that can be returned as parcels must be returned at your own risk. You shall be responsible for the ordinary expenses of return if the merchandise delivered to you corresponds to the merchandise you ordered, and if the price of the item to be returned does not exceed EUR 40.00 – or, if the item price exceeds this amount, you have not yet provided consideration or made a contractually agreed part payment as at the cancellation date. Otherwise, the return shall be free of charge to you. Items that cannot be returned as parcels will be collected at your premises. Obligations for refund of payments made must be met within 30 days. For you, this period begins upon despatch of your cancellation declaration or of the goods, and for us upon receipt thereof.
§ 9 Liability
Titaneia does not accept liability for damage incurred due to the fact that the products downloaded are not compatible with the Ordering Party’s software or hardware.
§ 10 General legal conditions/legal venue
The legal provisions applicable as between Titaneia and the Ordering Party shall be subject to the laws of the Federal Republic of Germany, yet subject to the mandatory provisions of international private law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Actions hereunder may be brought before any court of law having jurisdiction as a matter of applicable law.
§ 11 Severability
If one or more provisions of these General Terms and Conditions should be or become invalid, the remaining provisions hereof shall remain in effect.