General Terms of Business
NO COSTS – NO RESTRICTIONS!
§ 1 Area of Applicability
Concerning the trade-relations between Car-News TV Ltd. respectively Car-News.TV and the customer/s only the following general terms of business are valid. Modifications of these terms by the customer/s will be not accepted by Car-News.TV Ltd. except that Car-News.TV Ltd. will have explicitely signed a document of agreement.
§ 2 Item/s-Supply
Car-News.TV Ltd. is supplying video-contents concerning automotive topics.
The films, which are shown on the internet-page are rights-free and for free of charge download.
In case that the delivery of the free-of-charge contents will be done by a data-carrier
(Digital Beta-Tape, DV-Tape, DVD, CD-ROM or similar), Car-News.TV Ltd. is entitled to charge a token-fee. Through this procedure it will be avoided that the free-of-charge-contents will be ordered only on purpose to receive high-grade data-carrier.
Charged will be as well special wishes of the customer/s, like special running-times, individual sound-settings or special formats. Concerning these costs a special agreement between Car-News.TV Ltd. has to be worked out.
§ 3 Conclusion of an Agreement and Withdrawal
Car-News TV Ltd. respectively Car-News.TV is obliged to register the order of the customer/s to the conditions, which are mentioned on the website. Concerning writing-, printing-and/or calculation-errors, Car-News.TV Ltd. is entitled to withdraw.
In case that the supplier for Car-News.TV Ltd. despite contract-obligations will not supply Car-News.TV Ltd. with the ordered item/s, Car-News.TV Ltd. is entitled to withdraw as well. Concerning this case, the customer/s will be immediately informed that the ordered item/s cannot be supplied. The already paid invoice-fee will be immediately re-paid.
Concerning the state of the item/s, the customer/s has no right to withdraw.
§ 4 Supply
In case that no other agreement has been done, the supply will be done through an e-mail in combination with a link concerning the download or in case of other ordered formats through mail-shipping to the address of the customer/s, which has been registered by Car-News.TV Ltd. In principle, only orders with a pre-registration will be taken into consideration.
§ 5 Maturity and Payment, Delay
The customer can clear the invoice by bank-transfer. In case that the customer will delay the payment (regardless which reason/s the delay had been caused), Car-News TV Ltd. respectively Car-News.TV is entitled to charge a default interest of 5%. In case that Car-News TV Ltd. respectively Car-News.TV can proof that there will be a higher financial damage, Car-News.TV Ltd. has the rights to charge this damage to the account of the customer.
In case that Car-News.TV Ltd. will not have received any payment/s of the customer despite several requests, Car-News.TV Ltd. is entitled to delete the User-ID and to cancel/stop future-orders of its items.
§ 6 Licence-Proviso
The licence-supply will be handled under the condition that all demands against the customer has been cleared/settled.
§ 8 Fault-Warranty and Liability
In case that the ordered item/s will be faulty, the customer is entitled to get a replacement-item or the repair of the faulty item/s. In case that the repair of the faulty item/s will be not successful, the customer is entitled to reduce the purchase-price or, in case that the damage of the faulty item/s will be very serious, resign the contract.
The contents will be provided to the best of oneÂ’s knowledge and belief and with the support concerning the informations of the manufacturers. Car-News TV Ltd. respectively Car-News.TV will be not responsible for any errors and mistakes. Car-News.TV Ltd.. is expressing explicitely that the used files are in principles based on the infos, which are supplied by the manufacturers for the German market. Car-News.TV Ltd. want to make it very clear that changes for other markets can be possible.
In case that no other arrangements had been done, further demands of the customer/s, regardless of any kind of legal reason/s, are suspended. Car-News TV Ltd. respectively Car-News.TV will be not liable for any damage of the delivered item/s. Especially Car-News.TV Ltd. will be not responsible for lost profit of the customer/s, for any other financial damage or for damage at the PC of the customer. As far as the liability of Car-News.TV Ltd. will be suspended or limited, this is as well valid concerning the personal liability of employers, representatives and assistants.
The mentioned restriction of the liability will be not valid in case the reason/s for the damage will be done on purpose or serious carelessness or in case of a personal injury.
Furthermore it will be not valid if the customer/s will do any demands concerning §§ 1,4 product-liability-law, demands concerning the missing of a guaranteed feature or claim for damages concerning non-fulfillment according §§ 463, 480 Chapt. 2 BGB.
The same is valid concerning early inability or acceptable impossibility.
In case that Car-News.TV Ltd. is responsible for a careless breach of duty, the replacement-duty concerning the material damage will be limited to this typical damage only.
The warranty will be 24 months, valid from the delivery-date.
This warranty is a statutory period of limitation and is valid as well for demands concerning replacement of further damages, as far as no demands concerning not-allowed actions will be taken into consideration.
§ 9 Data Protection
The Customer is informed concerning manner, circumference, place and reason for the elevation, processing and use for the carrying out of orders, registration to the portal
of non-transferable files (personal-& company-relevated).
The customer/s will agree explicitely concerning this manner, circumference and use of non-transferable files.
§ 10 Duties of the Customer/s
The customer/s will agree that he will re-mail concerning the use of the free contents the sender- and publishing-report to Car-News.TV Ltd., which will be always delivered with the ordered item/s.
The sender- and publishing-report will include details like the approached audiences and/or users & spectators, running-time and number of the broadcasts.
Through this re-mailing, the customer/s will secure his rights for future-orders.
In case that there will be no re-mailing of the sender- and publishing-reports despite several requests, Car-News.TV Ltd. is entitled to delete the User-ID and to cancel/stop the future-supply of items.
11 Copyright and limitations on use
The information available through the Service is the property of Car-News.TV Ltd. and is protected by copyright and other intellectual property laws. You agree not to reproduce or sell the information received through the Service. In case of adapting informations and material, received from our service, you are not allowed to remove the imprinted information like the Car-News.TV Ltd. Logo or the copyright information.
§ 12 Practicable Law and Legal Domicile
German law is valid under the exclusion of the UN-tradelaw. Legal Domicile is Cologne.