Subject to clause 2.3, these General Terms and Conditions ("GTC") shall apply to all contracts concluded via the online shop ("Webshop") operated by United Kiosk. They also apply - subject to clause 12 - to contracts concluded via the United Kiosk app ("App") offered by United Kiosk and available free of charge via the app stores Apple App Store and Google Play Store.
Contracts are concluded - insofar not otherwise regulated below - with the
United Kiosk AG CAS-Weg 1-5 76131 Karlsruhe Germany Board of Directors: Martin Hubschneider, Ulla Fröhlich-Strauß AG Mannheim HRB 724127
("United Kiosk").
The GTC apply regardless of whether the customer is a consumer or an entrepreneur. According to § 13 of the German Civil Code, a "consumer" is any natural person who concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is, according to § 14 BGB, a natural or legal person or business partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
Deviating terms and conditions of the customer shall not be accepted. This also applies if United Kiosk does not expressly object to their inclusion.
The version of the GTC valid at the time of conclusion of the contract shall apply. Clause 14 shall apply to amendments to the GTC.
Products and services
Via the webshop, the customer can, as far as available in each case,
purchase individual printed editions of newspapers, journals and magazines ("printed editions"),
subscribe to printed editions of newspapers, journals and magazines ("print subscription") and
purchase newspapers, journals, magazines or other content in digital form (1) as a single issue ("e-paper single issue"), (2) as individual articles of an e-paper single issue ("e-paper articles") or (3) as a subscription to continuously subscribed digital issues of a title ("e-subscription") and/or (4) access digital titles of the respective participating publishers for a flat fee during the term of the contract ("flat subscription").
The contracting party is United Kiosk; however, in the case of the sale of individual printed issues and print subscriptions, depending on the title selected, the contract is concluded with the company that is displayed to the customer as the provider in the order mask before the order is placed ("third-party provider").
In the event of a contract being concluded with a third party provider, the terms and conditions of the third party provider shall apply; these GTC shall only apply insofar as this is explicitly regulated below and no regulations deviating from this are contained in the terms and conditions of the third party provider.
Conclusion of contract
The mere provision and advertisment of products and services in the webshop does not constitute a binding offer by United Kiosk or a third party provider to conclude contracts.
By submitting an order to United Kiosk or the third-party provider via the web shop by clicking on the button "order here with obligation to pay", the Customer places a legally binding order. The duration of the Customer's commitment to its order is governed by the statutory provision in Section 147 (2) of the German Civil Code (BGB); according to this provision, the Customer's order may be accepted up to the point in time at which the Customer may expect to receive the response under regular circumstances.
United Kiosk will confirm receipt of an order placed by the Customer via the Webshop immediately via e-mail. This also applies in the case of orders placed with third party suppliers in accordance with section 2.2. This confirmation of receipt does not constitute a binding acceptance of the order unless the confirmation also declares acceptance of the order.
A contract is only concluded when United Kiosk or, if applicable, a third-party provider accepts the Customer's order. Acceptance can take place, for example, by means of an order confirmation sent by e-mail, by delivery of the ordered printed edition or - in the case of digital content - by activation of the ordered digital content and transmission of the associated activation code, by issuing an invoice or by arranging a direct debit or acceptance of payments made.
The Customer may retrieve the contractual provisions, including these GTC, upon conclusion of the contract and save them in reproducible form. United Kiosk saves the text of the contract after conclusion of the contract; however, the Customer does not have access to it for security reasons. However, the Customer will receive all order data and the GTC in the confirmation of receipt (cf. section 3.3).
Contracts via the webshop can only be concluded in German.
Delivery of printed editions
United Kiosk delivers printed editions ordered as single copies or as print subscriptions to the delivery address specified by the customer. If the ordered title cannot be delivered abroad (e.g. due to corresponding requirements by the publisher) or if there are other delivery restrictions, the customer will be informed of this separately in the order mask before submitting the order.
Before submitting the order, the order mask indicates when the ordered printed issue or - in the case of a print subscription - the first printed issue available after conclusion of the print subscription is expected to arrive at the specified delivery address. This date depends on the publication frequency of the respective title. Delivery dates given in the order form are approximate.
Printed issues will only be delivered - irrespective of the delivery period stated in the order form - after receipt of the payment for the respective issue ordered and the shipping costs. In the case of print subscriptions, delivery shall only take place once the subscription fee plus shipping costs has been received, which must be paid for the period until the next ordinary cancellation option (cf. Section 13.2).
Provision of digital content; library
E-paper articles, e-paper single issues and digital issues purchased by e-subscription of a title can be downloaded by the customer as a PDF file via links sent to him/her by e-mail. A maximum of five downloads are possible per purchased e-paper single issue or purchased e-paper article; the restriction on the number of end devices pursuant to section 6.2. applies independent of this.
In order to use the flat subscription, the customer must set up a personal user account ("library"). To access the digital content provided, the customer must log in there by entering a user ID (e.g. his/her e-mail address) and a personal password. He must keep the password secret and may not disclose it to third parties. The provision of additional information, e.g. on personal reading interests, is voluntary; United Kiosk will only use such information as described in the Privacy Policy and only under the conditions stated therein.
United Kiosk shall make the ordered digital content available to the Customer via the library, if applicable, in addition to the links sent in accordance with section 5.1. The content will only be made available after receipt of the payment for the ordered e-paper single issue or e-paper article, in the case of e-subscriptions and flat subscriptions only after receipt of the subscription payment, which must be paid for the period until the next ordinary termination option (cf. clause 13.2).
The customer may download the single e-paper issues or e-paper articles made available via the library and the digital contents obtained by e-subscription and read them online in the library. The customer shall download provided e-paper single issues or e-paper articles and digital contents obtained by e-subscription immediately after provision and store them on end devices or data carriers on his or her own responsibility; the restrictions regulated in section 5.1 sentence 2 shall also apply in this respect. United Kiosk is only obliged to keep the aforementioned content available for downloading until the time of downloading, but for no longer than one month from the time of provision. Any further provision of the content is voluntary.
In the case of a flat subscription, the digital titles of the respective publishers participating in the flat subscription model are provided for the duration of the flat subscription. The publishers participating at the time of the order and their titles can be viewed on the webshop before the order is placed. A flat subscription does not constitute a claim to access to specific titles. The customer may not download digital content provided as part of a flat subscription, but may only read it online in the library for the duration of the flat subscription.
Should a title no longer be available after the time of provision for reasons for which United Kiosk is not responsible (e.g. due to a recall by a publisher due to infringing content), United Kiosk shall have no provision obligations in this respect.
Where available, customers can view their order history in the library and manage e-subscriptions and flat subscriptions.
The customer does not owe any additional remuneration for the use of the library.
United Kiosk is entitled to delete information and content held in the library in whole or in part at any time; United Kiosk's obligation to provide digital content purchased by the customer in accordance with the contract (cf. sections 5.3 to 5.5) remains unaffected. United Kiosk is also entitled to close user accounts if there is no longer a current eSubscription or flat subscription with the customer concerned or - in the case of ordered e-paper single issues or e-paper articles - more than one month has passed since the provision of the last ordered digital content.
Rights of use to digital content
Digital content provided by United Kiosk is protected by copyright. The customer is only entitled to use such digital content in accordance with the following regulations and mandatory statutory limitation provisions of applicable copyright laws.
Unless otherwise agreed, the right of use includes the right to download purchased e-paper single issues or articles or digital content obtained by e-subscription, to store them on up to five end devices simultaneously without time limit and to use them there without time limit. Digital content provided as part of a flat subscription may only be read online in the library for the duration of the flat subscription and may not be downloaded. The customer may only use digital content for his/her own purposes. If the customer is an entrepreneur, the use is limited to professional information for the customer's own purposes; a right to use for further business purposes (e.g. use in intranets or extranets, in press reviews, for content aggregation or for commercial, freelance, journalistic or other commercial purposes for a third party such as a client of the customer) is not granted. Applicable copyright restrictions remain unaffected.
The customer may not publicly reproduce or make publicly accessible digital contents provided without the prior written or textual consent of United Kiosk and may only reproduce the content to the extent necessary for the use permitted under section 6.2.
The customer may not transfer rights of use to digital content to third parties or grant sub-licences thereto without the prior written or textual consent of United Kiosk. Transfer of digital content to third parties is only permitted if this is permitted under applicable mandatory legal provisions and any existing legal requirements for such transfer are fulfilled.
The customer may not edit or otherwise change digital content and may not remove any copyright notices, trademarks or other reservations of rights contained therein.
Should the right to further use exist due to mandatory statutory limitation provisions of applicable copyright laws, this right shall remain unaffected.
Self-delivery clause
If United Kiosk is unable to deliver or provide an ordered printed issue or digital content in a timely manner or at all following the conclusion of a contract with the customer, despite the fact that United Kiosk concluded a corresponding purchase agreement with a publisher or other supplier prior to the conclusion of the contract and United Kiosk is not responsible for the lack of delivery, United Kiosk shall be entitled to release itself from the delivery or provision obligation.
In this case, United Kiosk is obliged to inform the customer immediately of the unavailability of the printed edition or the digital content and to reimburse the customer immediately for any consideration paid.
Terms of payment
All prices quoted in the webshop are gross prices including the statutory value added tax (VAT). Shipping costs may be added. The applicable shipping costs will be displayed to the customer on the order form together with the price of the desired items including VAT before the order is sent.
The available payment methods are indicated in the order form. The customer must truthfully provide the information requested in the order mask for the selected payment method. Further information on the personal data collected in the process and on its use can be found in United Kiosk's privacy policy.
Digital content (i.e. e-paper single issues, e-paper articles, e-subscriptions and flat subscriptions) can be paid for using PayPals or by credit card via PayPal or on the basis of a SEPA direct debit mandate issued online by the customer when placing the order. United Kiosk is entitled to debit the customer's bank, credit card or PayPal account upon acceptance of the customer's order, namely in the case of e-paper single issues and e-paper articles once in the amount of the accruing remuneration and in the case of e-subscriptions and flat subscriptions in the amount of the accruing remuneration for the respective period up to the next ordinary cancellation option; If an eSubscription or flat subscription is not terminated with due notice, the same shall apply to subsequent periods until the next opportunity to terminate with due notice, whereby United Kiosk shall debit the customer account at the earliest at the beginning of these periods.
Section 8.3 applies accordingly to print subscriptions. eSubscriptions, flat subscriptions and print subscriptions can also be paid by bank transfer after receipt of an invoice or on the basis of a SEPA direct debit mandate issued by the customer in writing after receipt of the invoice. Clause 4.3 shall apply to the delivery.
Invoices from United Kiosk must be paid within two weeks of receipt of the invoice at the latest. United Kiosk is entitled to issue invoices in electronic form, in particular via e-mail.
If the price of a product ordered by subscription is subject to price fixing, the subscription price shall automatically change with the binding change in the end customer price. In the case of subscription contracts for products not subject to price fixing, United Kiosk may increase the price in proportion to the increase in the event of increased procurement costs; in the event of a reduction in these costs, United Kiosk will reduce the price accordingly.
Right of withdrawal
If the customer is a consumer (cf. clause 1.3)), he has a right of withdrawal under the statutory conditions.
The statutory provisions and the regulations, which are reproduced in detail in the following, apply to the right of withdrawal.
Cancellation policy::
(1) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract (in the case of a subscription contract for the delivery of digital content that is not delivered on a physical data carrier, e.g. in the case of the provision of digital content by eSubscription for download or by flat subscription for online reading) or from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods (in the case of a contract for the regular delivery of goods over a fixed period of time, i.e. e.g. in the case of a subscription contract for printed editions of newspapers or magazines).
To exercise your right of withdrawal, you must contact us,
United Kiosk AG CAS-Weg 1-5 76131 Karlsruhe Germany Phone: +49(0)721-9638880 E-mail: info@united-kiosk.de
to inform us of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheaper standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may (in the case of a contract for the regular supply of goods over a fixed period of time, for example, a subscription contract for printed editions of newspapers or magazines) refuse to make a repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must (in the case of a contract for the regular delivery of goods over a fixed period of time, e.g. in the case of a subscription contract for printed editions of newspapers or magazines) return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the revocation of this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear (in the case of a contract for the regular delivery of goods over a fixed period of time, e.g. in the case of a subscription contract for printed editions of newspapers or magazines) the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for testing the quality, characteristics and functioning of the goods.
- End of the cancellation policy -
Information on legal exceptions to the right of withdrawal and on the expiry of the right of withdrawal::
Pursuant to Section 312g (2) No. 7 of the German Civil Code (BGB), you are not entitled to the right of revocation, i.a. in the case of contracts for the delivery of newspapers, journals and magazines (in each case irrespective of whether as printed or digital editions) with the exception of subscription contracts.
Sample revocation form
(If you wish to revoke the contract, please complete and return this form).
To United Kiosk AG CAS-Weg 1-5 76131 Karlsruhe Germany
(You can also send the declaration to the following e-mail address:)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
______________________________ Ordered on (*)/received on (*) ______________________________ Name of consumer(s) ______________________________ Address of consumer(s) ______________________________
Signature of the consumer(s) (only in case of paper communication) ______________________________ Date ______________________________
______________________________ (*) Delete as applicable
Warranty and liability
Any claims of the Customer against United Kiosk due to material defects and/or defects of title shall exist in accordance with the statutory provisions, but with the proviso that the limitations and exclusions provided for in Section 10.2 shall apply to any claims for damages.
United Kiosk shall be liable, irrespective of the legal grounds, in the event of intent or gross negligence, injury to life, limb or health, under the Product Liability Act and under guarantees, in each case in accordance with the statutory provisions. In other cases, United Kiosk shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract concluded with the Customer and the observance of which the Customer may regularly rely on (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, the liability of United Kiosk is excluded. Any strict liability of the provider based on § 536a BGB (German Civil Code) due to material defects already existing at the time of the conclusion of the contract is also excluded. The above limitations and exclusions also apply in favour of the organs, employees and shareholders of United Kiosk.
Orders for third parties (e.g. gift orders)
United Kiosk may offer customers the opportunity to order the offers listed in section 2.1 for third parties to whom they would like to give a product, for example as a gift.
In this case, the customer orders in his own name on his own account, but with the proviso that a third party named by him may demand performance from United Kiosk (so-called genuine contract for the benefit of third parties pursuant to § 328 (1) BGB). United Kiosk and the customer reserve the right to cancel or change the third party's right without the third party's consent (Section 328 (2) BGB).
No contract is concluded between United Kiosk and the third party. However, the third party is only entitled to download and use digital content in accordance with the provisions of these GTC; sections 5 f. of the GTC apply to the third party accordingly, but with the proviso that the third party can only download or read digital content ordered for him/her in the library set up for him/her, but that e-subscriptions or flat subscriptions ordered for him/her can only be managed (e.g. cancelled) by the customer.
If the third party does not accept the service for reasons for which United Kiosk is not responsible, this shall not affect the customer's obligation to pay. If the third party rejects United Kiosk's right pursuant to Section 333 of the German Civil Code (BGB), this shall also not affect the customer's obligation to pay; in this case, the customer shall be entitled under the contract instead of the third party.
Purchase of products via the app
The customer can purchase e-paper single issues and e-subscriptions via the app. The customer's App Store account is debited immediately after confirmation within the app.
In all other respects, the provisions of these GTC shall apply mutatis mutandis to the purchase of the products referred to in Clause 12.1 via the App, insofar as, in accordance with the contractual terms and conditions of the App Store Operators referred to in Clause 1.1, the respective App Store Operator does not become the Customer's contractual party.
The provisions of these GTC shall also apply accordingly to the purchase of the products referred to in clause 12.1 via the app if, in accordance with the contractual terms and conditions, the app store operator referred to in clause 1.1 becomes the customer's contractual party and if and to the extent that its contractual terms and conditions do not contain any provisions that deviate from these GTC.
Term and termination; consequences of termination
Contracts between United Kiosk and customers for print subscriptions, eSubscriptions and flat subscriptions shall commence upon conclusion of the contract and shall run for an indefinite period.
Either party may terminate contracts within the meaning of Clause 13.1 in accordance with the following provisions. The cancellation period is one month in the case of print subscriptions and two (2) days in the case of e-subscriptions and flat subscriptions, unless a different notice period is indicated in the order mask before the order is placed. However, ordinary termination is possible at the earliest after expiry of the agreed billing period indicated in the order mask. The invoicing period begins with the conclusion of the contract and lasts for a maximum of two years.
Contracts for print subscriptions and eSubscriptions end automatically in any case if the publisher discontinues the title in question. In this case, United Kiosk's delivery obligation ends with the delivery or provision of the last available issue.
United Kiosk is in any case entitled to terminate existing continuing obligations with customers by way of special termination with one month's notice to the end of each calendar month if United Kiosk has decided to discontinue the webshop.
The right to extraordinary termination for good cause in accordance with the statutory provisions remains unaffected.
Any termination must be at least in text form to be effective, whereby the customer can also declare the termination (a) by entering it in the input mask provided for the administration of the user account in the library or (b) with the help of the termination button "Terminate now" which can be called up in the online shop via the termination button "Terminate contracts here".
The provisions of this Clause 13 shall also apply in the case of orders placed by the Customer for third parties within the meaning of Clause 11, whereby it is not the third party but only United Kiosk and the Customer who may terminate in accordance with this Clause 13.
In the event of termination of a continuing obligation with a customer, United Kiosk shall reimburse the customer for any remuneration already paid on a pro rata basis that is attributable to a period in which the contract is terminated.
If, in the case of a print subscription, not all printed issues published from the start of the contract could be delivered due to the publication frequency of the title and the publisher's delivery, although all published issues were invoiced and remunerated, United Kiosk will deliver printed current issues to the customer in the corresponding number after termination of the print subscription without additional remuneration, provided that these are available (example: In the first year of the contract, 12 print issues were published, but only 11 were delivered; the customer will then receive another print issue after termination of the subscription, namely the then current print issue).
Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The application of mandatory legal provisions of another country of the European Union in which a customer who orders as a consumer has his habitual residence at the time of the order remains unaffected by this choice of law.
If the customer places an order as a merchant or is a public corporation, the exclusive place of jurisdiction is Karlsruhe, Germany. In such a case, United Kiosk may also bring an action at the customer's place of business. Otherwise, the applicable statutory provisions shall apply to international and local jurisdiction.
Changes to these GTC
United Kiosk reserves the right to change the GTC from time to time in a manner that is reasonable for the customer, taking into account the interests of United Kiosk. Such changes will be made to customers with whom continuing obligations (e.g. current subscription contracts) already exist under the GTC (e.g. current subscription contracts), subject to the following conditions: (a) The amendments do not unreasonably disadvantage the customer and do not contain any provisions that disadvantage the customer with regard to prices or the object of performance owed; in particular, essentially only linguistic corrections, clarifications or specifications and adjustments prompted by statutory amendments or court rulings are permissible; (b) United Kiosk notifies these customers of the changes in writing (e-mail suffices) at least six weeks before the date of the change; (c) United Kiosk points out in the notification that the changes will take effect if the customer does not object at least in text form before the specified date of the change; and (d) United Kiosk does not receive any objection from the customer declared at least in text form within this period.
Online dispute resolution
In accordance with legal provisions, we would like to point out that the EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. United Kiosk is not obliged or willing to participate in dispute resolution proceedings.
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