Terms and Conditions

General Terms and Conditions of MediaUnit Verlags GmbH & Co KG

YOUR CONTRACTUAL PARTNER IS MEDIAUNIT VERLAGS GMBH & CO KG, CHALTENBODENSTRASSE 26, 8834 SCHINDELLEGI – HEREINAFTER REFERRED TO AS ​‘MEDIAUNIT’

1) Scope

1.1 These General Terms and Conditions (hereinafter ​‘GTC’) of

MediaUnit Verlags GmbH & Co KG, Vienna (AT), Feusisberg branch
c/​o TREUFIN Reuter AG
Chaltenbodenstrasse 26
CH-8834 Schindellegi
E‑Mail: office@​mediaunit.​ch
Tel: 091 800 56 09

These terms and conditions apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter referred to as ​‘customer’) concludes with the seller with regard to the seller’s goods and services. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

A consumer is any natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession. A business, in terms of these General Terms and Conditions, is a natural or legal entity or a partnership with legal personality who or which is engaged in a legal transaction in the conduct of its trade, business or profession. Public limited companies, limited liability companies, cooperative and industrial cooperatives, mutual insurance associations, savings banks, European economic interest groupings (EEIG), European companies (SE) and European cooperative societies (SCE) are entrepreneurs by virtue of their legal form.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve for submission of a binding offer on the part of the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods or services in the virtual shopping basket and going through the electronic order process, the customer submits a legally binding offer of a contract with regard to the goods or services in the shopping basket by clicking the button that concludes the order process. The customer can also place a binding order by telephone, fax or email.

2.3 The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e‑mail), whereby the customer’s receipt of the order confirmation is decisive, or
  • by requesting payment from the customer after the order has been placed.

If more than one of the above alternatives apply, the contract shall be concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer shall commence on the day after the customer sends the offer and shall end at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the seller’s online order form, the text of the contract is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. by email) after the customer has sent their order.

If the customer has set up a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed by the customer via their password-protected user account free of charge, provided that the corresponding login data is entered.

2.5 Before the order is placed via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser’s enlargement function, which is used to enlarge the display on the screen. During the electronic order process, the customer can correct their entries using the usual keyboard and mouse functions until they click on the button that concludes the order process.

2.6 As a rule, the order process and contact with the customer take place by email and automated order processing. The customer must ensure that the e‑mail address provided by them for the order process is correct so that e‑mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e‑mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Prices and payment terms

3.1 Unless otherwise stated in the seller’s product and service description, the prices quoted are total prices that include VAT.

4) Retention of title

4.1 The seller retains ownership of the goods provided until the purchase price owed has been paid in full by the customer, regardless of whether the customer is a consumer or an entrepreneur.

5) Delivery and shipping terms

5.1 Our offers are only available to customers residing in Switzerland.

5.2 Unless otherwise agreed, goods will be delivered to the delivery address provided by the customer.

5.3 If the customer is acting in a commercial capacity, the risk of loss of or damage to the goods sold shall pass to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder or other person or company designated to carry out the shipment. If the customer is acting in a consumer capacity, the risk shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer has concluded the contract of carriage themselves without availing themselves of a choice proposed by the seller, the risk shall pass to the consumer as soon as the goods are handed over to the carrier.

6) Warranty/​Liability

The provisions of the statutory warranty apply.

If the customer is acting as an entrepreneur, the following also applies:

  • An insignificant defect does not, in principle, justify any warranty claims,
  • The seller has the choice of how to remedy the defect,
  • The limitation period does not start again if a replacement delivery is made as part of the liability for defects.

The seller shall not be liable for slight negligence, unless personal injury is involved. These liability provisions shall also apply with regard to the seller’s liability for their agents and legal representatives.

7) Place of Jurisdiction/​Applicable Law

7.1. Austrian substantive law shall apply exclusively, excluding the UN Sales Convention.

7.2 In relation to companies, the court with subject-matter jurisdiction at the seller’s place of business is agreed as the court with exclusive jurisdiction.

8) Alternative dispute resolution

8.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://​ec​.europa​.eu/​c​o​n​s​umers…

This platform serves as a point of contact for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

In the event of a contradiction between the German and the French and/​or Italian and/​or English language versions, only the German language version is authoritative/​legally valid.