1 Coverage
1. Deliveries, services and offers from Media Entertainment Establishment take place solely on the basis of these general terms and conditions. Notwithstanding with these terms will be disagreed.
2. It will be effective as well for future business relations, even if not reaffirmed.
3. Oral agreements have to be put into writing.
2 Offer and conclusion of the contract
All offers from Media Entertainment Establishment are subject to confirmation and are non-binding. Declaration of acceptance and all orders require a written confirmation by Media Entertainment Establishment or the delivery of the merchandise to be legally effective.
3 Prices
1. The contract prices are valid from the date of order.
2. Our prices are calculated ex works plus V.A.T. and excluding costs of packaging and mailing expenses.
3. Mailing expenses will be charged amounting to the actual arising expenses of the costs of postal delivery, DHL, UPS or other carriers.
4. The delivery will take place against prepayment, c.o.d. or invoice. Prepayments or debit orders will be considered by issuing the invoice.
4 Time of delivery and performance
1. Delivery dates and terms, which can be agreed binding and non-binding, must be in written form.
2. Delay in delivery and services because of an act of nature beyond control and because of incidents , which will make it impossible to deliver in time, not only momentarily but also for a longer time of period – particularly strikes, lock-out, official directives, fire, flooding, operational disorders etc. - Media Entertainment Establishment can delay any deliveries, even if it was a binding agreement. You entitle Media Entertainment Establishment to delay the delivery for the time of interference plus an adequate acceleration time, or even to withdraw from the contract or parts from the contract.
3. Media Entertainment Establishment is legitimate for partial deliveries, as long it is not unacceptable for the customer.
4. Compensation delivery is permitted, if a specific article is not available anymore. In this case, Media Entertainment Establishment will ship a product as alternative which is in qualitative and in price equivalent. The customer will get a money-back guarantee for compensation deliveries.
5. Adherence of delivery and service commitment by Media Entertainment Establishment imply the accurately timed and correct fulfilment of the customer’s liability.
6. If the customer comes into default of acceptance, Media Entertainment Establishment is entitled, to claim compensation for loss suffered. With taking of effect of default of acceptance, the risk of random deterioration or random loss of the merchandise goes to the customer.
5 Passing of risk
The risk is passing to the customer, once the delivery was given over to the carrier or left the warehouse regarding delivery. If the delivery will be delayed upon customer’s request, the risk is passing to the customer, after informing the customer that the merchandise is ready to be delivered.
6 Instruction on Revocation - Powers of revocation
You can revoke your contractual declaration within two weeks in writing without stating any reasons (e. g. by letter, fax, e-mail) or – if the item is left to you before the expiration of the time limit – in returning it. The time limit shall start after receipt of these Instructions in writing, but not before receipt of the goods by the receiver (in case of recurrent deliveries of goods of the same kind not before receipt of the first partial delivery) and not before fulfilment of our obligations to inform pursuant to sec. 312c para. 2 of BGB (German Civil Code) in connection with sec.1 paragraphs 1, 2 and 4 of BGB-InfoV as well as our duties pursuant to sec. 312e sec. 1 para. 1 sentence1 of BGB in connection with sec. 3 of BGB-InfoV. Sending the revocation statement or the item in time shall suffice for the time limit of revocation being observed. The revocation shall be addressed to
Media Entertainment Establishment, Mövenstrasse 12, CH-9015 St. Gallen,
info@mea.li,
0041 71 313 60 20
Consequences of revocation
In case of a legally valid revocation, the services received on both sides shall be returned and benefits possibly reaped (e. g. advantages of use, interest) shall be surrendered. If you are not able to return the received service wholly or in part or only in a degraded state, you shall indemnify us insofar, if need be. In case of relinquishment of items, this shall not apply if the degradation of the thing is based entirely on examination – as it would have been possible in the shop, for example. Generally, you can avoid the obligation to indemnification for a degradation caused by intended use of the item by not using it like your property and not doing anything which impairs its value.
You shall bear the cost of the return if the delivered goods correspond to the order and if the price of the item to be returned does not exceed the amount of 40 Euros or in case of a higher price of the item, if you have not paid us in return or paid the contractual instalment at the moment of revocation. Otherwise the return is free of charge for you. Items capable of being sent as parcels shall be sent back at our risk.
Obligations to be fulfilled for reimbursement shall be fulfilled within 30 days. The time limit shall begin for you with the sending of the Declaration of Revocation or the item, for us with its receipt.
End of the Instructions on Revocation
7 Warranty
1. Media Entertainment Establishment guarantees that all goods are free of shortage of material and fabrication; the legal warranty period is essential.
2. If operating and maintenance instructions of Media Entertainment Establishment are not being processed by the customer, if the customer is processing amendments on the product, changing parts of the article or if expendable items were used, which does not match with the original specifications, any kind of warranty will be not applicable anymore, excepting the customer can prove, that none of the mentioned substantial deficiencies are caused by him.
3. The customer must report any deficiency in written form immediately to Media Entertainment Establishment customer service, not later than one week after receiving the merchandise. Deficiencies, which where not detected after a due diligence at the time, must be reported in written form to Media Entertainment Establishment immediately after detection.
4. In case of reporting a deficiency of a product delivered by Media Entertainment Establishment, a reconsignment of the damaged product on costs of the customer is obligatory.
5. If an amendment fails after an adequate period, the customer is entitled to ask for either a markdown of the unit price or the cancellation of the contract.
6. Liability for ordinary abrasion is excluded.
7. Guarantee claims against Media Entertainment Establishment are entitled only to the direct customer and are not transferable to a third party.
8. The preceding paragraphs include the warranty for goods distributed by Media Entertainment Establishment and exclude any other guarantee claims of any type.
8 Retention of title
1. Media Entertainment Establishment title to the goods is reserved until those goods are fully paid for. It imposes the duty of care in respect of the goods on the customer and purports to entitle Media Entertainment Establishment to recover the goods or trace the proceeds of sale. Goods which are in title of Media Entertainment Establishment are called conditional goods below.
2. The customer is entitled to sell conditional goods, as long he is not in default. Pledging of goods or chattel mortgage is forbidden. Arising receivables from re-selling the conditional goods or other legal ground (insurance, unlawful act), including all balance receivables from a current account, the customer have to assign already now security wise in full amount to Media Entertainment Establishment. Media Entertainment Establishment legitimate the customer irrevocably, to collect the receivables for the invoice, which is payable to Media Entertainment Establishment. This collection authorisation can only be cancelled, if the customer does not comply with his payment obligation.
3. At access of third parties to the conditional goods, particularly executions, the customer will indicate Media Entertainment Establishment retention of title and will directly inform Media Entertainment Establishment, so that we can assert our proprietary rights.
4. A conduct contrary to contract, particularly default of payment, Media Entertainment Establishment is entitled to recover the conditional goods. The recovery or executions of the conditional goods is not a withdrawal of the contract.
9 Place of performance and jurisdiction
The Place of performance is Vaduz District Court, Liechtenstein shall have jurisdiction and venue, if legally admissible.
10 Data Protection: Declaration of Data Protection and Protection of Privacy
1. Personal Data
Personal data is individual information on the personal or factual situation of a given or definable natural person, including but not limited to name, address, postal address, telephone number. If you decide to register in the shop, i. e. register as a customer (registered user), personal data will be retrieved and deposited. Both voluntary and mandatory data will be retrieved. In conjunction with the access to our website, data such as IP address, date, time, and accessed pages) will be stored on the server. We reserve the right to statistical, automatic evaluation of this data. The personal data will be used by us for the processing of the order as well as the administration of customers and will be stored electronically on computers only to the extent required by this each time. Additionally, personal data is only stored if given voluntarily.
2. Disclosure of personal data
We will not disclose this information to third parties. If in the framework of the processing of an order, data is disclosed to service providers, they shall be subject to BDSG (Bundesdatenschutzgesetz [German Data Protection Act]), other statutory provisions and this Privacy Policy. Investigation shall be made or personal data disclosed to state establishments and authorities respectively only in the framework of cogent legal prescriptions.
Disclaimer
With the sentence of 12th Mai 1998 "Liability for links" (312 O 85/98) the district court of Hamburg (Germany) clearly decided, that with implementing a link, the publisher of a webpage is responsible for the content as well and can hold responsibility. This can only be avoided, when the publisher of the webpage, who implemented the link, is distancing himself from the content. The online editorial department is formally distancing themselves from any linked content and refer to, that they neither have an influence on the content and presentation of the linked webpage nor adopt the content in any way. The content (text and pictures) made available to our internet user is solely for private use. Any other use of the content of this website needs a written confirmation.
Declaration of consent
This is a webpage designed and intended SOLELY for ADULTS, people who are at least 18 years old, who are interested in and wish to have access to visual images, verbal description and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old or who does not wish to be exposed to such materials. By entering this webpage you are making the following statements:
1. Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age.
2. I understand that when I gain access to this webpage, I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials which are available, for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters, which is both healthy and normal and, which, in my experience, is generally shared by average adults in my community.
3. I promise that I will not permit any person(s) less than 18 years of age to have access to any of the materials contained within this webpage.
4. My interest in this material is personal, and not professional. I do not work for law enforcement. I am not accessing this material to use against the site operator, or any person whomsoever, in any conceivable manner.
5. If I use the service of this site in violation of the above agreement, I understand I may be in violation of both local and federal laws.
6. Orders in behalf of a third party, without his written confirmation will be prosecuted. We do not tolerate pornographic material with underage persons! Webpage or request of customers regarding such kind of movies will be prosecuted. This webpage meets the claims of the protection of minors. By clicking the button “continue” you agree to the declaration of content.
Copyright
The copyright of the respective pictures and content are with the Custodian of Records or the publisher. The shown pictures and content are only partly under copyright protection, so it might be necessary to ask for a written permission from the right holder, before downloading and using the pictures and content. You can incur a penalty, when downloading copyright protected pictures and content. If a producer or publisher respectively owner of rights does not agree to the publishing of his pictures and content, he can send an e-mail. The content or picture will immediately be deleted from our database. As proof of legitimate claim and avoidance of violation of the right of objection, a written authentication should be send within 14 days. |