General terms and conditions

I. General information

These General Terms and Conditions of UNA GlitzaStein GmbH (hereinafter referred to as the “Seller” or “UNA GlitzaStein GmbH”) apply to all contracts for deliveries and services to be provided to consumers and companies (hereinafter referred to as the “customer”), which are concluded on our website kissedmag.com/shop. Unless otherwise expressly agreed, any terms and conditions of the customer that conflict with or deviate from these Terms and Conditions shall not be recognized by the Seller.

II. Offer and acceptance

(1) A contract is concluded as follows: The catalog of goods presented by the seller, in particular on the website kissedmag.com/shop, does not constitute an offer in the legal sense. By placing an order, the customer makes a binding offer to enter into a contract. Input errors can be corrected before sending the order using the usual keyboard and mouse functions, as well as other operating functions. By clicking on “Buy now”, the customer submits a binding offer to purchase. After receipt of the customer’s offer by the seller, the customer receives an automatically generated e-mail stating that the order has been received and further details. This confirmation of receipt does not constitute acceptance of the offer by the seller. Acceptance is either expressly declared or takes place upon delivery of the goods.

III. Digital subscription and e-book

(1) Upon delivery of a digital subscription or an e-paper as well as other digital content, the seller shall grant the customer a simple, spatially and temporally unlimited right to use the content in accordance with the scope agreed in the contract exclusively for their own purposes in perpetuity. This scope results from the price list stated on the website and the respective contractual content of the various offers.

(2) No further rights are granted, in particular for sale and reproduction beyond the extent necessary for use in accordance with the contract.

(3) The customer is permitted to make a backup copy and to reproduce an appropriate number of copies as part of their usual data backups.

(4) Decompilation within the scope of Section 69e of the German Copyright Act shall also remain permitted. The rights of the Cusotmer under Section 69d (2) and (3) of the German Copyright shall also remain unaffected.

IV. Customer’s right of withdrawal

Consumers are entitled to a right of withdrawal in accordance with the following instructions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

V. Prices and payments

(1) Prices are quoted in euros (€) including sales tax.

(2) With the publication of a new price list, the previous prices lose their validity. Existing contracts are not affected by these changes.

(3) Payments are due immediately. The customer shall be in default with payments at the latest if they do not pay within 30 days of the due date and receipt of an invoice or an equivalent payment schedule.

VI. Transmission

(1) There are no shipping costs for the transmission of digital content. The customer can download the content at any time.

(2) The Seller shall not be responsible for transmission delays due to force majeure or other events that make transmission significantly more difficult or impossible for the Seller (including, in particular, natural disasters, strikes, lockouts, official orders, etc.), even if they occur at suppliers or subcontractors, even for bindingly agreed deadlines and dates. Such delays in transmission shall entitle the seller to postpone the transmission for the duration of the hindrance plus a reasonable start-up period.

(3) In the event of a transmission delay within the meaning of Section VI. 2 lasting longer than one (1) month, both parties shall only be entitled to withdraw from the contract with regard to the delayed transmission.

VII. Retention of title

(1) The seller retains ownership of the goods until they have been paid for. (2) If the customer is a merchant, the following shall apply: The customer shall only be entitled to resell the reserved goods abroad with prior written consent. If the resale to third parties is part of the customer’s normal business operations, the customer shall be entitled to resell the delivered goods in the ordinary course of business. The customer hereby assigns to the seller any and all claims and claims for compensation to which the customer is entitled in respect of the goods subject to retention of title in the amount of the invoice value of the goods subject to retention of title in the event of resale. The seller accepts the assignment.

VIII. Warranty

(1) The statutory provisions of German law shall apply to the customer’s rights in the event of material defects and defects of title, unless otherwise specified below.

(2) If the customer is a merchant within the meaning of the German Commercial Code, they must inspect the goods immediately after delivery. If a defect is found, the seller must be notified immediately. The complaint period is a maximum of 7 days; the receipt of a complaint in text form (also by e-mail) by the seller is decisive. If the defect only becomes apparent later, notification must be made immediately after the defect is discovered. The warranty rights of any commercial customer shall lapse if they do not comply with the obligations described above.

(3) If the customer is a consumer, the seller may set a reasonable deadline for the customer to exercise his right to choose the type of subsequent performance and to submit a declaration in order to remedy the justified complaint as promptly as possible. The period shall not exceed 14 days; the date of receipt of the declaration by the seller shall be decisive. After expiry of the deadline, the seller may, at his discretion, repair or replace the goods.

(4) If the customer is not a consumer, the seller is entitled to choose whether to remedy the defect (rectification) or deliver new goods (replacement) in the event of justified complaints. If the seller is not prepared or not in a position to provide subsequent performance or if this is delayed beyond a reasonable period of time for reasons for which the seller is responsible, or if subsequent performance fails in any other way, the customer is generally entitled, at his own discretion, to demand a reduction in payment (reduction), rescission of the contract (withdrawal) or compensation instead of performance. However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer shall not be entitled to withdraw from the contract. The seller is entitled to make several attempts at subsequent performance, insofar as this is reasonable for the customer.

(5) If the customer is an entrepreneur, the following shall apply: The warranty for claims for defects shall be one year. Section IX. shall apply accordingly.

(6) Usage restrictions or errors in digital content caused by the customer’s operation, hardware, operating system or system environment are not defects.

IX. Liability

(1) Liability is excluded for damages to legal interests other than life, body or health, unless the damages are based on intentional or grossly negligent behavior of the seller, one of its legal representatives or one of its vicarious agents or the behavior is not a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

(2) This exclusion of liability shall not apply insofar as claims under the German Product Liability Act are affected, a defect has been fraudulently concealed or a guarantee of quality has been given.

X. Miscellaneous

(1) German law shall apply. The contract language is German.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

(3) The seller points out that they process the customer’s data relating to business transactions with them in accordance with the German Data Protection Act.

(4) Should one or more provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.