Terms and Conditions

GENERAL TERMS AND CONDITIONS SPARTANAT-SHOP

1) Information obligations

(1) Pursuant to Section 5a Paragraph 1 of the Consumer Protection Act (“KSchG”) and Section 4 Paragraph 1 of the Distance and Doorstep Selling Act (“FAGG”), DGMedia GmbH provides the customer with the following information, insofar as this is already possible within the framework of these General Terms and Conditions (“GTC”):

(2) Essential characteristics of the goods: correspond to the respective order

(3) The operator of the shop and the customer’s contractual partner is DGMedia – Hatzenbichler & Klemenz GmbH – hereinafter referred to as DGMedia GmbH), Dr. Herrmann Gasse 4, 9020 Klagenfurt, Tel.: +43 463339253-0, Fax-DW -15, shop@spartanat.com.

(4) Total price / total costs: The prices quoted include all taxes and duties. Shipping costs and all associated costs are added.

(5) Costs of long-distance communication: Customer’s standard tariff.

(6) Payment terms: Credit card (VISA, MasterCard), PayPal

(7) Delivery conditions: Delivery (post, DHL or other shipping partner) by the sales or shipping partner

(8) Right of revocation and withdrawal: see § 4

(9) Warranty law: see § 5

2) Scope

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the legal relationships established between the operator of the shop and its customers via this online shop, which is operated under the name “SPARTANAT Shop” (shop.spartanat.com).

(2) By placing an order, the customer agrees to these General Terms and Conditions and is bound by them.

(3) Should individual provisions of these General Terms and Conditions be invalid in whole or in part due to mandatory legal provisions (in particular the provisions of the Consumer Protection Act), the remaining provisions of these General Terms and Conditions shall remain valid and unchanged.

3) Conclusion of the contract

(1) In the SPARTANAT Shop, the goods are presented with all essential features. The presentation of the goods does not constitute a binding offer by DGMedia GmbH to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order.

(2) By submitting the order in the SPARTANAT Shop (by clicking on the button “Order now and pay”), the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

(3) DGMedia GmbH confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by DGMedia GmbH. It merely serves to inform the customer that the order has been received by the provider. Acceptance of the contract offer is declared by delivery of the goods or an express declaration of acceptance.

(4) If DGMedia rejects the customer's offer, the contract is not concluded. The purchase amount already paid, including shipping costs and any other costs, will be refunded to the customer promptly and no later than within fourteen days. The refund will be made using the same payment method used by the customer for the original transaction.

4) Payment terms, prices & due date

(1) All prices are gross prices in euros including statutory VAT and excluding all shipping costs.

(2) The prices shown in the webshop at the time the customer places the order shall apply.

(3) Payment is made using the options offered during the payment process—PayPal or credit card (Visa & MasterCard). Billing is in euros.

(4) Payment of the purchase price is due upon conclusion of the contract.

(5) The contractual and business language is German.

5) Right of revocation or withdrawal

(1) Customers who are consumers within the meaning of the Consumer Protection Act have the right to revoke this contract within fourteen days without giving any reason or, after acceptance by DGMedia GmbH, to withdraw from the contract in accordance with the following declaration of revocation.

(2) The cancellation period shall be fourteen days from the day on which the customer or a third party designated by the customer, other than the carrier, acquires physical possession of the goods, or, if the consumer or such third party has ordered several goods within a single order that are delivered separately, from the day of receipt of the last goods. For digital offers, the cancellation period shall be 14 days from receipt of notification of activation.

(3) No right of withdrawal exists,

(a) for the delivery of magazines or magazines outside of a subscription

(b) in the case of the delivery of digital publications, provided that DGMedia GmbH has commenced delivery before the expiry of the withdrawal period and the consumer has acknowledged and expressly agreed to the loss of the right of withdrawal.

(c) for goods manufactured to customer specifications (e.g. with a monogram or as a one-off product) or tailored to the customer's personal needs.

(4) Pursuant to Section 3 KSchG and Section 4 Paragraph 1 Item 8 FAGG, the following instructions are issued regarding the

RIGHT OF WITHDRAWAL

(a) You have the right to withdraw from this contract within fourteen days without giving any reason.

(b) The cancellation period shall be fourteen days from the date you or a third party designated by you receive the first magazine, and in the case of a digital subscription, from the date you receive notification of activation. (c) To exercise your right of cancellation, you must notify us, DGMedia GmbH (DGMedia GmbH, Dr. Herrmann Gasse 4, 9020 Klagenfurt, email: shop@spartanat.com), of your decision to cancel this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model cancellation form for this purpose, but this is not mandatory.

(d) To meet the cancellation deadline, it is sufficient for you to send your notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation:

(5) If you cancel this contract, DGMedia GmbH must refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by DGMedia GmbH), promptly and at the latest within fourteen days from the date on which DGMedia received notification of your cancellation of this contract. For this refund, DGMedia will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund.

(6) DGMedia GmbH may refuse repayment until DGMedia GmbH has received the goods back or until you have provided evidence that the goods have been returned, whichever is the earlier.

(7) You must return or hand over the goods to the company responsible for shipping promptly and in any event no later than fourteen days from the date on which you notify DGMedia of the cancellation of this contract. DGMedia GmbH will notify you of the company and the shipping address immediately upon receipt of the cancellation. This deadline is met if you send the goods before the expiry of the fourteen-day period.

(8) You shall bear the direct costs of returning the goods.

(9) You are only liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning. For items that are impaired or damaged due to signs of wear, DGMedia GmbH will charge a reasonable fee for the loss of value.

You can download a sample cancellation form .

6) Warranty

(1) The statutory warranty provisions apply, but no guarantees – except for manufacturer's warranties. To the extent that manufacturer's warranties exist, the provider assigns the resulting claims regarding the purchased goods/services to the customer.

(2) Complaints based on statutory warranty claims or other complaints can be made using the contact details specified in Section 1 Paragraph 1.

(3) In accordance with the statutory warranty provisions, DGMedia GmbH will take back defective goods that were already present at the time of handover or delivery against reimbursement of the purchase price.

§7 Delivery conditions & delivery costs

(1) Goods are delivered exclusively to European addresses. Shipping costs are stated on the product page next to the price, as well as during the ordering process and order overview.

(2) The delivery period varies depending on the product and is specified for each product. Delivery generally takes place within 14 working days after confirmation of the contract by DGMedia GmbH, but in any case within 30 days of the contract being concluded.

(3) Shipping costs vary depending on the product and are listed separately for each product. If you order multiple products with different shipping costs, you will only pay the highest shipping costs for the entire order.

(4) Delivery will be made to the address provided by the customer. The customer is obligated to notify us immediately of any changes of address by telephone or in writing via email. In the event of incorrect, incomplete, or unclear information provided by the customer, the customer will bear all resulting costs.

(5) By signing the SEPA direct debit mandate, the publishing group DGMedia GmbH is authorized, until further notice, to collect the agreed payment amounts from the specified account (IBAN) when due via the SEPA direct debit procedure. The account holder thereby simultaneously instructs the respective credit institution to honor direct debits drawn by SGMedia GmbH on this account, but may, under the conditions agreed with the credit institution, request a refund of the debited amounts within eight weeks of the debit date.

§8 Discount codes

Discount codes are free of charge, limited to a specific promotion, and time-limited. The time limit is specified for each discount code. DGMedia GmbH assumes no liability or any claims for damages if the discount code cannot be redeemed due to technical or other problems. Cash redemption is excluded.

9) Data protection

(1) DGMedia GmbH guarantees compliance with data protection regulations (GDPR, DSG, TKG) in their current version. Personal data will only be collected, used, and shared by DGMedia GmbH if permitted by law or if the user consents to the data collection. (2) For the purposes of contract processing, the data you provide during the booking process (title, name, address, email address, telephone number, optionally company name and fax number) will be collected, stored on a data medium, and further processed when booking through the SPARTANAT Shop.

(3) To provide the service or to process the contract, we use companies (e.g., sales and shipping partners) to whom the necessary personal data (name, address, telephone number, email address) is transmitted electronically. The transmission of this data is necessary for shipping and delivery and is used exclusively for the shipping process.

(4) Privacy Policy:

Detailed information on the processing of personal data, the processing procedures, and the rights of data subjects can be found in the privacy policy of Verlagsgruppe NEWS Medienservice GmbH. This can be viewed HERE .

10) Retention of title

(1) DGMedia GmbH retains ownership of the delivered goods and the copyrights to the delivered content until full payment has been made.

11) Final provisions

The place of performance and exclusive jurisdiction, unless mandatory provisions of the Consumer Protection Act conflict with this, is Klagenfurt. Austrian law applies, excluding the conflict of law provisions of Austrian private international law and the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of these Terms and Conditions contradict mandatory legal provisions or be invalid, the remaining provisions shall nevertheless remain in effect. These provisions shall be replaced by valid and enforceable provisions that achieve the intended purpose as closely as possible. This shall also apply in the event of a gap. Amendments and additions to the contract must be made in writing. This also applies to any waiver of the written form requirement. Emails are considered written form, and this also applies to clicking on a corresponding button or confirmation link.

As of: 15.7.2019