(1) These General Terms and Conditions of Business of hw.design gmbh (hereinafter referred to as “Seller”) apply to all agreements on deliveries and services rendered by hw.design vis-à-vis consumers or companies (hereinafter referred to as “Customer”) that are entered into via the website www.the-nomad-magazine.com.
(2) Any terms and conditions of business of the Customer that differ from or conflict with these Terms and Conditions will not be recognised unless an express agreement is made to the contrary.
The contract shall be concluded as follows: By clicking on “Buy Now” the Customer declares his contractual offer to become binding with the order. Input errors can be corrected before sending the order using the typical correction functions. After the Seller receives the Customer’s offer, the Customer receives an automatically generated email confirming receipt and the details of the order (including the method of payment and shipping costs). This confirmation of receipt does not yet represent acceptance of the offer by the Seller. Acceptance is declared through an explicit order confirmation by email.
(2) The text of the contract (including the commencement of the contract in the case of a subscription) is stored by the Seller and sent to the Customer after conclusion of the contract, i.e. on confirmation of the order, by email together with the included Terms and Conditions.
If you are a consumer, you have a right of cancellation pursuant to the following provisions; a consumer is any natural person who concludes the contract for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activities.
You have the right to cancel this contract without specifying any reason within a period of 14 days. The cancellation period is 14 days from the day that you, or a third party nominated by you (other than the carrier), have/has taken possession of the goods (in the case of subscription to a magazine: the first magazine). To exercise your right of cancellation, you must inform us (nomad magazine, c/o hw.design gmbh, Türkenstraße 55–57, 80799 Munich, Germany, Telephone: +49 (0)89 / 20 25 75-0, Fax: +49 (0) 89 / 20 23 96 97, email: subscribe[at]the-nomad-magazine[dot]com) by means of an explicit declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the standard cancellation form available on our website (www.the-nomad-magazine.com/en/widerrufsmuster) for this purpose, but this is not compulsory. In order to cancel, it is sufficient that the notification of cancellation is sent prior to the expiry of the cancellation period.
If you cancel this contract, we have to pay back to you all the payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from the fact that you chose a different type of delivery to the cheapest standard delivery that we offer) promptly and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we shall use the same method of payment that you used for the original transaction unless otherwise expressly agreed with you; on no account will you be charged a fee for this repayment.
We may refuse to repay you the money until we have received the returned goods or until you have provided evidence that you have sent back the goods, whichever is the earlier. You shall send the goods back to us or surrender them to us without delay and in each case no later than within fourteen days from the date on which you inform us of the cancellation of this contract. The deadline has been met if you dispatch the goods before the end of the fourteen days period. You shall bear the direct costs of returning the goods. Compensation for the loss of value of the goods will only be due if this arises from unnecessary handling in examining the quality, characteristics and functionality of the aforementioned goods.
The right of cancellation does not apply to contracts
In the case of contracts for the delivery of sound or video recordings or computer software in a sealed package the right of cancellation expires prematurely if the seal was removed after delivery.
(1) The Seller is only responsible for proper delivery of the goods to the transport company and is not responsible for delays caused by the transport company or for the accidental loss of the goods during transit.
(2) The Seller shall not be to blame for delays in delivery as a result of force majeure or as a result of other events making it considerably more difficult or impossible to deliver the goods (this particularly includes natural disasters, strike, lockout, official directives, etc.), even when these take place at the suppliers of the Seller or their suppliers and even if binding delivery periods and dates have been individually agreed. Such delays in delivery entitle the Seller to postpone the delivery by the duration of the impediment plus a reasonable start-up period.
(3) In the case of a delay in delivery within the meaning of subsection IV. (2) of longer than one month both parties are entitled to withdraw from the contract with regard to the outstanding delivery.
(1) Prices can be found on the website www.the-nomad-magazine.com and are gross prices in euro (€), i.e. where relevant for the respective delivery/service, including the statutory value added tax, but in each case plus the shipping costs.
(2) Prices for subscriptions are due for payment at the beginning of the respective term, i.e. the full price for a one-year subscription is due for payment at the beginning of the first contractual year and the full price for a two-year subscription is due for payment at the beginning of the first contractual year. If a subscription is not terminated and is therefore renewed for a further year, the respective price for the next year is due for payment at the beginning of that year.
(3) Prices for other goods are payable within two weeks after receipt of the invoice.
(4) The Customer shall then default on payment at the latest if he fails to make payment within 30 days after the due date and receipt of an invoice or an equivalent request for payment.
(5) The available payment methods can be found on the website www.the-nomad-magazine.com.
(6) In respect of ongoing subscription agreements, the Seller is entitled to adjust prices to changing market conditions, substantial changes in procurement costs and changes to value added tax a maximum of every two years at the beginning of each new contractual year by giving two months’ advance written notice. The Customer may terminate the contract with due notice should price increases significantly exceed the periodic rise in the cost of living. This will be communicated to the Customer by the Seller in writing together with the price increase.
(1) The Seller shall retain ownership of the goods delivered until they have been paid for in full.
(2) If resale to third parties is part of the Customer’s usual business, he is entitled to resell the goods supplied in the ordinary course of business. The Customer shall herewith already assign to the Seller all the claims and rights to compensation to which he is entitled regarding the reserved goods to the extent of the invoice value of the reserved goods in the event of a resale. The Seller hereby accepts the assignment.
The Customer is authorised to effect collection as long as he duly fulfils his payment obligations and does not default on payment.
(1) In the event of conclusion of an open-ended subscription, the one-year subscription shall initially run for at least 1 (one) year and the two-year subscription initially for 2 (two) years. If the respective subscription is not terminated with a notice period of 1 (one) month effective at the end of the respective contractual term, it shall be extended by 1 (one) year.
(2) If a subscription agreement is concluded starting from the current issue, the date when this issue first appears shall be simulated retroactively as the start of the agreement.
(3) The right to termination for good cause remains unaffected. For the Seller good cause shall be, in particular, if the Customer discontinues his payments and/or is in arrears on payment of the remuneration or a not insignificant part thereof for three consecutive months.
(4) Termination must be in writing.
(1) The statutory provisions shall apply to the rights of the Customer in case of defects of quality and title unless otherwise stipulated below.
(2) If the Customer is an entrepreneur, the Seller is entitled in case of justified complaints to choose whether to carry out subsequent performance through removal of the defect (rectification of defects) or deliver a new item (replacement delivery).
(3) Provided the Customer is an entrepreneur, the warranty period for defects shall be one year.
(1) The Seller shall be liable without restriction for any damage it causes intentionally or as a result of gross negligence.
(2) Otherwise, the Seller shall only be liable if he has breached an essential contractual obligation (cardinal obligation). In these cases liability is limited to compensation of the foreseeable, typically occurring damage. Essential contractual obligations are obligations, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which the Customer can regularly rely.
(3) The aforementioned exclusion/restriction of liability does not apply if claims due to loss of life, personal injury or illness or under the Product Liability Act are affected, a defect has been fraudulently concealed, or a guarantee of quality has been assumed.
(4) The exclusion/restriction of liability also applies to claims of the Customer vis-à-vis the legal representatives and vicarious agents of the Seller.
The Seller is entitled to transfer the rights and obligations arising from this contract in whole or in part to one or more third parties (transfer of contract). The Customer hereby already agrees to the transfer. In the event of the transfer of contract, the Customer does however have the right to terminate the extent of the transferred contract without notice.
(1) The Seller reserves the right to amend the General Terms and Conditions in accordance with the following provisions.
(2) The reservation applies to changes which only affect the general conditions of the contract (such as the amendment of contact information or the inclusion of additional services), in the event of new technical developments or for any other equivalent reasons. The same applies if there is a change in the statutory provisions or supreme court practice if one or more clauses of the General Terms and Conditions are affected by the change. In this case the terms and conditions affected shall be adjusted in such a way that they comply with the purpose of the amended legislation.
(3) In the event of a change to the General Terms and Conditions the Seller shall send the Customer the new version of the General Terms and Conditions in good time before the changes take effect and highlight the changes. Provided the Customer does not object to use of the newly formulated provisions within six (6) weeks of receiving this information, despite the Seller having expressly pointed out to him the meaning of the changes as well as the unconditional continuation of this contract, the new version of the General Terms and Conditions shall become part of the contract after expiry of the time limit for filing an objection.
(1) German law shall apply exclusively with the exception of legal provisions that refer to the legislation of another country and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Munich. The same applies if the Customer does not have a general place of jurisdiction in Germany or the domicile or habitual place of abode is not known at the time of the institution of legal proceedings.
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