Revierwelt Media GmbH offers the use of chargeable services (REVIERWELT) and the purchase of supplementary products. The following terms and conditions apply to the use or purchase.
Conditions for the use of chargeable services
1. Contractual partner
In the event that a contract is concluded, the contract between you as the customer and Revierwelt Media GmbH – hereinafter referred to as Revierwelt Media – shall come into effect.
2. Conclusion of the contract
The technical and functional description of the services and performances of REVIERWELT by Revierwelt Media does not represent a legally binding contract offer by Revierwelt Media, but is only a non-binding invitation to the customer to make use of them.
The contract is concluded in the following steps:
(a) You as the customer make an offer to conclude a contract by selecting a REVIERWELT package subject to a fee and, if applicable, additional REVIERWELT add-ons for a territory previously selected by you.
(b) After completion of the order process, stating the required payment information, a contract for the provision of the contractual services is concluded between Revierwelt Media and you as the customer by sending a confirming e-mail from Revierwelt Media to the e-mail address specified by you as the customer in your REVIERWELT customer account.
Revierwelt Media stores the contract text and sends you as a customer the order data with the present general terms and conditions (AGB) by e-mail. You can also view the General Terms and Conditions as well as the associated data protection declaration at any time on the Internet pages of Revierwelt Media or on REVIERWELT.
3. Use of intelligence and data services
You as the Customer shall be enabled to use the data transmission/data reception system within the scope of the respective technical possibilities, availability and any additional REVIERWELT Add-ons that may have been booked.
Under no circumstances shall Revierwelt Media be liable for the successful receipt or delivery of data or text messages. Revierwelt Media takes over the provision of the website and data communication channels for the customer using the data transmission/data reception system, which Revierwelt Media can access directly and without the mediation of third parties (REVIERWELT system), to the agreed extent and communication format (namely data, SMS, e-mail, push messages and language) and subject to availability, of the REVIERWELT system and the account for entering text messages and/or the temporary storage of text messages and data for dispatch to the mobile telephone number designated by the customer as the destination address and/or reasonable services with the aim of transmitting data, text messages or voice messages to the communication interfaces, call/mobile telephone numbers, e-mail address designated by the customer.
Revierwelt Media does not owe the successful transmission or receipt of the data, text/voice message to be forwarded, but only the provision of the REVIERWELT system and the initiation of one or more message/data transmission attempts. In particular, the Customer is aware that even if these services are performed in accordance with the contract, the data/messages to be forwarded may be delayed or lost, especially in the event of undeliverability or for other reasons outside the REVIERWELT System (e.g. capacity limitations or the non-availability of the target mobile communications network or other network and other service providers via which the delivery and distribution of the data, text/voice message takes place). In particular, Revierwelt Media does not owe the telecommunications services required for the data transport between the transfer point to the Internet through the REVIERWELT system and the receiving device of the destination.
Before you can use the SMS data services of the REVIERWELT system, you must book an appropriate REVIERWELT add-on.
4. Duration of the contract and termination
The contract for a REVIERWELT package is concluded for a period of 365 days, beginning with the date of acceptance of the contract by Revierwelt Media following the order (term). It shall be extended by a further 365 days unless you terminate the contract in writing (letter, fax or e-mail) with 30 days’ notice to the end of the respective term.
The contract for a REVIERWELT Addon shall each include a fixed usage quota which may be used by the Customer or the end devices used by the Customer. Without a prior order for automatic recharging, which may be terminated by the Customer at any time, the use of the REVIERWELT Addon shall end when the usage quota is used up.
The right to terminate for good cause shall remain unaffected. An important reason exists, for example, if Revierwelt Media ceases to operate REVIERWELT.
The current prices for REVIERWELT packages and REVIERWELT add-ons can be viewed on REVIERWELT (link to price list). The prices can be adjusted at the discretion of Revierwelt Media. The price published at the time of the order or extension shall be decisive in each case.
The indicated prices always include the respective applicable value added tax in the customer’s country.
6. Payment, due date
The charges for REVIERWELT packages shall be calculated and debited in advance for the period of use of 365 days for the first order and extension.
The charges for REVIERWELT Addons shall be calculated and debited in advance for the respective usage quota upon the first order and upon renewal. The performance-related usage fees shall be debited from the usage quota of the respective REVIERWELT Addon after each use of the respective service.
7. Exclusion of complaints
Complaints regarding the use of REVIERWELT Addons shall only be admissible within a period of 30 days following the debit of the claimed use.
8. Right of revocation for customer as consumer
Right of withdrawal
You can revoke your contractual statement within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our duties to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our duties according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:
REVIERWELT MEDIA GMBH
Managing Director: Alexander Vinnai
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the goods or services received or their uses (e.g. advantages of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must compensate us for the loss in value. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.
Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the revocation instruction.
Sample withdrawal form
(If you want to cancel the contract, please fill in this form and send it back)
REVIERWELT MEDIA GMBH
Managing Director: Alexander Vinnai
– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
– Ordered on (*)
– Name(s) of consumer(s)
– Customer number of the consumer(s)
– Contract number of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
9. Liability of Revierwelt Media
Revierwelt Media is liable without limitation in accordance with the statutory provisions: for damages arising from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with the Product Liability Act.
Revierwelt Media is liable for slight negligence only in the event of a breach of an “essential” obligation arising from this agreement. “Essential” obligations in this sense are obligations which are necessary for the fulfilment of the agreement, the breach of which would endanger the purpose of the agreement and the observance of which you can rely on. In such cases, liability shall be limited to typical and foreseeable damages; in other cases, there shall be no liability for slight negligence.
10. Place of Performance, Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies exclusively. For the consumer, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11. Severability clause
If individual provisions of these General Terms and Conditions are or become invalid and/or void, the validity of the remaining provisions shall nevertheless remain unaffected. Invalid and/or void provisions shall be replaced in such a way that the intended economic purpose is achieved. This applies accordingly to the filling of gaps in the GTC.