General terms and conditions (GTC) of qi.tv GmbH, Schröderstr. 15, 10115 Berlin, hereinafter called qi.tv. (Stand: 22th of September 2008)


1  Purview
The following business conditions shall apply for all orders, submitted electronically, via telephone, fax, letter, or e-mail through customers to qi.tv and shall be acknowledged by the customers with each order.

In terms of these business conditions, consumers are natural individuals, with whom business relations are started, without a commercial, independent or freelance activity being able to be ascribed to them. In terms of these business conditions, entrepreneurs are natural or legal entities, as well as incorporated partnerships, with whom business relations are started, and who are undertaking a commercial, independent, or freelancing activity. Customers shall be considered as both, consumers and entrepreneurs within the scope of these business conditions.

Any GTC, deviating from, conflicting with or supplementing these, shall not become an integral part of the contract, unless whose validity is expressively agreed in written. The 
information on the customer’s business conditions in written form shall be precluded. 
 



2  Conclusion of the contract
qi.tv‘s online presentation of its product range does not present an offer in terms of §§ 145 ff.BGB. The customer submits a binding purchase offer by means of e-mail, fax, or telephone to qi.tv. qi.tv shall be entitled to accept the order through delivery of the goods, or confirmation mail of the shipment within 14 days upon order receipt at qi.tv. The acceptance shall be subject to the availability of the goods, and shall take place in particular with the provision of the correct and on-time delivery of the goods to qi.tv through its suppliers. This shall only be valid in the event that qi.tv is not responsible for a non-delivery. Provided, the goods are not available at the qi.tv’s supplier, qi.tv will notify the customer immediately on that and refund already paid considerations by the customer without delay. 

An order confirmation mail, which is promptly generated and sent upon receipt of the customer’s order automatically resp. the order placement via telephone and whose confirmation by qi.tv. shall not deemed to be a binding acceptance of the order through qi.tv.

Within the framework of the order process, the risk of an indetectable, faulty transmission shall be with the customer.

The sale of the products, offered by qi.tv takes place in customary quantities only.

3  Prices
The prices, listed on the website at the time of the order’s placement shall be valid. The given prices are end prices, thus the respectively valid legal VAT and other price components plus shipment costs as shown in the order process, are included. 



4  Delivery and transport
According to the availability status, the ordered goods will be delivered as soon as possible through the manufacturer. In the event that not all products ordered are currently on stock, qi.tv reserves the right to make deliveries in parts. qi.tv charges one flat shipping fee for each order. In case of payment on delivery, an additional fee for cash on delivery will be charged per delivery. The express delivery takes place against an express surcharge per delivery. The delivery costs, given on the website at the time of the customer’s order placement, shall be valid. 



5 Right of withdrawal for consumers:
The following right of withdrawal shall apply exclusively for consumers: 

WITHDRAWAL PROVISIONS

§ 1 Right of withdrawal:
In accordance with the principles of the distance selling law concerning purchased goods and under the conditions of the following provisions, consumers shall be entitled to:

1.
The consumer may revoke his contract within two weeks in written form (e.g. letter or e-mail) or by return of the item without giving reasons. The terms begins at earliest with the date, at which these provisions have been communicated to the consumer in written, but not before the day of the receipt of the goods delivery at the consumer. The day, on which the withdrawal provisions have been communicated, resp. the day of the receipt of the goods delivery at the consumer is not included in calculation of the term.


2.
The withdrawal period shall be deemed observed if the withdrawal or item is sent in time. The withdrawal shall be addressed to:

qi.tv GmbH
Schröderstr. 15

10115 Berlin

Germany
FAX +49-30-920 37 20 15

Mail info@qi.tv


Consequences of withdrawal:



3.
According to the regulation of §312d sec.4 BGB, the right of withdrawal does among other not apply in contracts regarding the delivery of goods, that have been tailored according to customer specifications or have clearly been customized to the individual requirements of the consumer, recorded data media (e.g. video- or music cassettes, PC software, DVDs, CDs, CD-ROMs, HD-DVDs, BluRayDiscs, Tele-/LCD games) so far these have been unsealed by the consumer. 



4.

In case of an effective withdrawal, the mutually received services have to be returned and, as the case may be, drawn benefits (e.g. interests) have to be paid. In the event, that the consumer is unable to return the received service in whole or can only provide the return in parts or in worse condition, he will be obligated to a value replacement. This shall not apply in the surrender of goods, if the deterioration of the item is attributable exclusively to whose inspection – like it might have been possible in a shop. Apart from that, the consumer can avoid the duty of value replacement, when he doesn’t make use of the goods in that way, an owner would do and refrains from doing anything, which might reduce whose value.


5. 
Goods, suitable for package shipping shall be returned by postal way; goods, unsuitable for package shipping will be collected at the consumer. The consumer shall bear the costs for the return consignment, provided the goods delivered do comply with the ordered ones and the price of the item to be returned does not exceed an amount of EUR 40.00, or the customer’s service in return, resp. a contractually agreed partial payment hasn’t taken place until the date of withdrawal. Otherwise, the return consignment is free of charge for consumers.


END OF THE WITHDRAWAL PROVISIONS    


6 Payment

The payment takes place via cash-on-delivery, payment in advance, or by Paypal.

Entrepreneurs can pay per invoice upon agreement.


7 Reservation of proprietary rights

All delivered goods remain property of qi.tv until receipt of the full payment. The reservation of proprietary includes both, processed items and, in case of redistribution, the purchase price claim (extended reservation of proprietary).



8 Warranty

The warranty claims of the customer are firstly limited to the right of reworking or replacement delivery, whereas the consumer’s choice can be refused by qi.tv, if its implementation would only be possible with disproportionally costs. The entrepreneur is not entitled with this choice. The reworking shall deemed to be failed after the unsuccessful second attempt, unless nothing else arises out of the kind of matter or the defect, or any other circumstances in particular. In the failure of the reworking, or in case, that qi.tv refuses the reworking measures or doesn’t response to an adequate period, determined by the customer, the customer will have the right to reduce the compensation or withdraw from the contract.

Any claims for damages remain unaffected. 

Operating errors, damages caused by improper use, connection or installation, as well as storage or by interference of third parties are not subject to the warranty.  



8.1. For entrepreneurs 

Warranty claims on part of the entrepreneur require, that he has duly complied with his obligation to inspections and complaints according to § 377 HGB.

For end customers, the period of limitation for new goods shall be 1 year for. Claims for defects in used goods (B-Goods) will be excluded.

 8.2. For consumers

The warranty period for used products (B-Goods) shall be 1 year. 


8.3. Guarantee

qi.tv assumes no guarantee for articles of the product range. Promises of guarantee on part of the manufacturer require a separate legal relationship between the customer and the manufacturer. This means that claims based on promises of guarantee made by third parties (usually by the manufacturer) do not constitute any claims against qi.tv. All claims based on promises of guarantee shall be directly asserted to the guarantor (usually the manufacturer). 


9 Limitation of liability
qi.tv excludes the liability for damages, which are caused by simple negligence, so far these don’t concern any contractual obligations, damages arising from the injury to life, body or health, as well as guarantees and provided that these do not affect any claims in accordance with the Product Liability Act. The same applies for breaches of duties caused by the agents of qi.tv. 
qi.tv doesn’t assume liability for any loss of data of the customer occurring on storage media (computers, notebooks, hard discs etc.), which has been purchased at qi.tv, so far qi.tv can merely be held responsible for simple negligence. 

As regards any breach of essential contractual obligations, the liability shall be limited to those damages, which are typically related with the contract and are predictable when it comes to cases of simple negligence. Claims for damages from delay or proven claims on reimbursement of expenses according to § 284 BGB are limited to 10% of the purchase price, so far qi.tv has not acted intentionally or under gross negligence. 



10 Data protection 

qi.tv uses and transmits, if necessary, listed address data for the purpose of advertising approaches in relation with own similar goods or services. It goes without saying that the customer has the right to dissent the use of his data for advertising purposes at any time by raising his formless objection via postal way (reference: “data erasure”, qi.tv GmbH, Schröderstr. 15, D-10115 Berlin) or via e-mail (info@qi.tv).

The customer declares his acceptance to the storage of his data with the order. He shall be entitled, at any time, to review his data and to make amendments, or require the erasure of his data.


11 Place of jurisdiction, place of fulfillment, applicable law
This contract is exclusively subject to the Law of the Federal Republic of Germany. As far the customer is an entrepreneur, the place of jurisdiction shall be Berlin; however qi.tv has the right to sue the customer as well at the court in his area of residence. For entrepreneurs, the place of fulfillment shall be Berlin.
For customers of other EU-member states, the place of jurisdiction and fulfillment shall be exclusively Berlin.  

In the event, that these GTC have not become component of this contract whether in parts or in full, or has become invalid, the remaining clauses of this contract shall remain effective. As far as the terms have not become component of this contract or turn out to be invalid, the content of this contract shall apply according to the legal provisions. The contract is only deemed to be invalid, if the compliance with it under consideration of the amendments to be taken according the legal provisions would pose an unacceptable hardship for a contractual party.