A. General Terms and Conditions Magazine “TTinside“
1. scope of application; general
1.1 myTischtennis GmbH, Grafenberger Allee 277-287, 40237 Düsseldorf (hereinafter: myTischtennis), is the publisher and editor of “TTinside” magazine, which can be obtained as an e-paper via myTischtennis GmbH.
1.2 These General Terms and Conditions (hereinafter: the GTC) apply to all legal relationships that come into being between myTischtennis and the subscribers or purchasers of the magazine “TTinside” (hereinafter: the “Customer”).
1.3 These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Client shall only become an integral part of the contract if and insofar as myTischtennis has expressly agreed to them in writing.
1.4 By ordering the magazine on the page www.tt-inside.com (subscription or single issue) the customer accepts these GTC. By accepting the declaration “I have read the GTC and the data protection declaration” during the ordering process and by ticking the checkbox, these become part of the contract. The customer can retrieve, save and print the GTC.
2. Conclusion of contract
2.2 The contract is concluded by the submission of a declaration of acceptance by myTischtennis, which is sent by e-mail (order confirmation). The (first-time) activation of the customer’s user account for reading the e-paper shall also be deemed to be acceptance of the customer’s offer.
2.3 The customer must provide the data requested as part of the order completely and correctly. The subscriber of a subscription is obligated to inform myTischtennis of
any changes to the delivery and/or billing address immediately.
2.4 The contract shall be concluded in the English language.
3. The right of withdrawal for consumers in the case of e-paper subscriptions
Right of withdrawal
There is no right of withdrawal for the e-paper product due to the immediately usable online access.
END OF THE CANCELLATION POLICY
4.1 The first electronic delivery to the customer upon conclusion of a magazine subscription contract (e-paper) shall be in digital form as soon as possible.
4.2 The delivery of individual issues (e-paper) shall be made in digital form as quickly as possible.
5. Reservation of ownership
Until payment has been made in full, the delivered goods remain the property of myTischtennis.
6.1 The subscription price stated on the tt-inside.com website at the time of conclusion of the contract shall apply (subscription or single issue).
6.2 All prices stated on the website of tt-inside.com, are inclusive of the applicable statutory value added tax.
7. Payment modalities
7.1 The customer can make the payment by credit card or PayPal.
7.2 The customer can change the payment method stored in his user account at any time.
7.3 Payment of the purchase price or the price for the subscription is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case he/she shall pay myTischtennis interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
7.4 The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by delay by myTischtennis.
7.5 If an amount cannot be collected, the customer shall bear all resulting costs, to the extent that the customer is responsible for the event triggering the costs.
8. Increase in subscription prices of subscription contracts (e-paper)
myTischtennis is entitled to increase the subscription prices agreed upon at the time of the subscription contracts (e-paper) to compensate for increased costs at its reasonable discretion. Furthermore, price increases are possible to the extent that they are caused by an increase in value added tax. The increase shall become effective at the beginning of the month after the next of the notification of change by the customer. In the event of an increase in prices which is not exclusively due to an increase in value added tax, the customer is entitled to termination of the contract within four weeks of notification of the price increase. If the customer does not exercise this right and if the customer has been informed of this legal consequence in the notification of the price increase, the subscription contract will be continued at the changed prices.
9.1 The retrieval of the magazine as an e-paper takes place on the website tt-inside.com. An uninterrupted and 100% availability of the website tt-inside.com is technically impossible to realise, because events beyond the control of myTischtennis (such as disruptions of public communication networks, power failures, etc.), system-related failures, interruptions and/or malfunctions of technical equipment as well as maintenance and safety issues may lead to short-term disruptions or the temporary services on the myTischtennis websites may be temporarily suspended. However, myTischtennis always endeavours to keep the myTischtennis websites constantly available within the scope of what is technically and operationally reasonable.
9.2 The digital content (e-paper) purchased by the customer can be repeated by the customer from the publication of the respective issue for an unlimited period of time without any further costs.
9.3. myTischtennis has the right to restrict access to the digital content to up to 5 devices per subscription contract. myTischtennis grants the customer a simple, non-transferable right to use the digital content for private purposes. The client is not entitled to distribute the content or make it publicly accessible without the written consent of myTischtennis.
10. Term and termination of subscription contracts (e-paper)
10.1 Every subscription contract (e-paper) has a minimum subscription period of 12 months (of the magazine “TTinside”). The subscription period begins with the initial activation of the customer’s access to the digital content (e-paper). The contract is automatically extended by a further year in each case if the customer does not terminate it with four weeks’ notice before the end of the respective subscription period.
10.2 Any termination must be made in text form. For the timely termination depends on the timely receipt of the declaration by the other party.
10.3 The right of termination for good cause remains unaffected for both contracting parties.
11. Delivery disruptions, liability
11.1 The client must inform myTischtennis immediately of any defects in delivery within the scope of the e-paper subscription.
11.2 Claims by the customer for compensation for damages are excluded. Excluded from this are claims for damages by the user arising from intentional or negligent injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by myTischtennis, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
11.3 In the event of a breach of significant contractual obligations, myTischtennis shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
11.4 The restrictions of 11.2. and 11.3. of these GTC also apply in favour of the legal representatives and vicarious agents of myTischtennis if claims are asserted directly against them.
11.5 Liability under the Product Liability Act remains unaffected.
11.6 The above exclusions and limitations of liability do not apply in the event of the assumption of express guarantees by myTischtennis and in the event of claims due to the absence of warranted characteristics.
12. Data protection
myTischtennis complies with all relevant legal data protection requirements. This includes in particular German data protection laws, European data protection directives and regulations and any other applicable data protection law. Details on the processing of the customers’ data are regulated in the data protection regulations of myTischtennis, which can be accessed from every myTischtennis website and also from tt-inside.com.
13. Changes to the GTC
13.1. myTischtennis reserves the right to amend these GTC at any time without giving reasons. The changes will be sent to the customer by e-mail before they come into force. If the customer does not object to the validity of the new GTC within six weeks after receipt of the e-mail, the amended services/ GTC shall be deemed accepted. myTischtennis undertakes to inform the client in the notification of his right to object and the significance of the objection period.
13.2 If the Client objects to the application of the new GTC within the deadline, myTischtennis may terminate the contractual relationship with the Client with 14 days’ notice.
14. Dispute settlement procedure
myTischtennis does not participate in dispute resolution proceedings before a consumer arbitration board.
15. Final provisions
15.1 The place of fulfilment is the registered office of myTischtennis.
15.2 The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the registered office of myTischtennis.
15.3 German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.
15.4 If any provision of this contract is invalid, it shall be replaced by the valid provision which the parties would have reasonably chosen to achieve the purpose of their agreements if they had known that the provision was invalid. The validity of the remaining provisions shall not be affected thereby.
Status: March 2022