A. GENERAL

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(1) This website ‘einfachperfektreisen’ and/or the services, including all associated mobile applications (together: the ‘Services’) and all offers and sales of products (‘Products’) via the Site, are owned and operated by Mediafreiheit. These Terms and Conditions (‘Terms’) set forth the terms and conditions under which visitors or users (collectively, ‘Users’ or ‘you’) may visit and/or use the Site and/or the Services and purchase Products.

(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any products. These Terms tell you who we are, how we sell products to you, how you can cancel the contract of sale and what you can do if you have a problem.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you need the authorisation of your parents or legal guardian to use the Services or purchase Products.

Price changes and changes to the GTC shall be notified to the customer in good time in advance and shall be deemed agreed with effect from the specified future date if the customer does not object to the notified changes in writing (e-mail is sufficient) within 14 days.

(4) All rights to the images are held by Mediafreiheit. If photos are provided by the respective partners (such as destination agencies, manufacturers, catering businesses, hotels, cultural institutions, etc.) themselves, the rights are automatically transferred to Mediafreiheit for unlimited use.

(5) All photos shown are carefully researched during production with regard to the rights of any persons shown. Should a case arise in which the personal rights are unclear, please write a short e-mail with the location of the photo to office(at)mediafreiheit and we will immediately remove the photo in question from our publications. We will not accept any rights of use!

(6) Furthermore, it is explicitly pointed out that Mediafreiheit cannot be held responsible for the proper handling of the individual personal devices of the users, nor for the provision of a necessary network connection. This is both the responsibility of the user.

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B. PURCHASE OF PRODUCTS

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(1) The purchase of Products is subject to the terms and conditions in force at the time.

(2) If you purchase a Product: (i) you are responsible for reading the Product description in full before making a binding purchase; and (ii) the completion of an order on the Site (by completing a payment transaction via the ‘Place Order’ or similar button) may constitute a legally binding contract for the purchase of the relevant Product, unless these Terms provide otherwise.

(3) You can select products from our product selection and add them to your shopping basket by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. When you check out, you will be shown an overview of all the products you have placed in your shopping basket. The overview includes the main features of each product as well as the total price for all products, the applicable value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the editing function to recognise and correct any input errors before placing your final binding order. All stated delivery times apply from receipt of your payment of the purchase price. When you click on the ‘Place order’ button, you are placing a binding order to purchase the products listed at the price and delivery costs indicated. To complete the order process by clicking on the ‘Order with costs’ button, you must first accept these terms and conditions as legally binding for your order by ticking the corresponding box.

(4) We will then send you a confirmation of receipt for your order by e-mail, in which your order is listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement on the purchase of the products is only concluded when we send you a declaration of acceptance by e-mail or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately upon transmission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the order process as described above by clicking on the ‘Order with costs’ button.

(6) The purchase contract is concluded in English. After conclusion of the contract, the terms and conditions of the contract will be kept by us, you will no longer have access to them.

(7) Mediafreiheit is entitled to refuse to accept the order without giving reasons.

(8) Terms of delivery: In accordance with § 5a para. 1 Consumer Protection Act (hereinafter ‘KSchG’) and § 4 para. 1 Distance and Off-Premises Transactions Act (hereinafter ‘FAGG’), Mediafreiheit provides the customer with the following existing information: 

Contractual partner: MF Mediafreiheit Verlag und Agentur OG, e-mail: office@mediafreiheit.at

Total price/costs: The prices quoted include all taxes and duties as well as delivery costs (unless shown separately).

Terms of payment: Immediate bank transfer/Paypal/WIX-Payment.

Terms of delivery: Postal delivery

Right of cancellation: see right of cancellation under point C and on each product page.

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C. RIGHT OF WITHDRAWAL

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You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.

 

To exercise the right to cancel, you must inform us (Mediafreiheit Verlag und Agentur GmbH, office@mediafreiheit.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

 

CONSEQUENCES OF CANCELLATION

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

 

SAMPLE CANCELLATION TEXT

If you wish to cancel the contract, please send us all the information listed in the sample text below. Thank you very much!

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To

MF Mediafreiheit Publishing House and Agency OG

A-1210 Vienna, Achengasse 4/30

E-mail: office@mediafreiheit.at

I hereby cancel the contract concluded by me for the purchase of the following goods: Book XX

Ordered on: XX XX XXXX; received on: XX XX XXXX

Name of the consumer(s): XXX XXXXX

Address of the consumer: XXXX XXXXXXXXXXX

Date: XX XX XXXX

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D. PRODUCT WARRANTY

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We are liable in accordance with the statutory warranty provisions for quality defects and/or defects of title in the products you purchase from us.

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E. AUTHORISED USE

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(1) Our services are made available to you for information purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly authorised by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material;

(vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or other sites or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any behaviour that may (viii) engage in any behaviour that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to co-operate fully with our investigation of any activity that is suspected or actual breach of these Terms.

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F. INTELLECTUAL PROPERTY RIGHTS

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Our Services and related content (and any derivative works or improvements thereof), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, ‘Our Intellectual Property Rights’) and nothing in these Terms grants you any rights in connection with Our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.

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G. DISCLAIMER OF WARRANTY FOR THE USE OF THE WEBSITE AND THE SERVICES

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The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided ‘as is’ and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the ‘Warranty for Products’ section above remains unaffected.

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H. INDEMNITY

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You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.

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I. LIMITATION OF LIABILITY

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(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A ‘material contractual obligation’ means an obligation the fulfilment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to conclusion of the contract (culpa in contrahendo). They also apply in favour of our managing directors, executives or other legal representatives, employees and vicarious agents.

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J. MODIFICATION OF TERMS AND SERVICES; DISCONTINUANCE

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We reserve the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of cancellation - without any further obligations to you - which will take effect on the date the changes come into force.

We may change the Services, discontinue the provision of the Services or one or more features of the Services offered or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily, without giving any reason and without any further obligation to you.

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K. LINKS TO WEBSITES THIRD

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The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for information purposes only. The fact that we have included links to other sites does not imply that we endorse their ownership or content.

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L. APPLICABLE LAW

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For all disputes arising in connection with the contract in question, including the pre- and post-contractual effects, the exclusive jurisdiction of the court with subject-matter jurisdiction for Filderstadt is agreed. The place of fulfilment is Vienna.

German substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules.

Should individual provisions of this contract be or become invalid in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions.

Amendments and additions to the contract must be made in writing. This also applies to any waiver of the written form requirement.

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M. MISCELLANEOUS

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(1) No waiver by either party of any breach or default hereunder shall constitute a waiver of any preceding or subsequent breach or default.

(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.

(3) Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.

(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, defences, disclaimers, limitations of liability and this Miscellaneous section.

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N. CONTACT

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To contact us, please send an e-mail to: office(at)mediafreiheit.at