General Business Terms

This English translation is displayed for your convenience. Only the original German version of our General Business Terms is legally binding.

General Business Terms

Contractual terms for purchase contracts concluded through the platform https://booking.sowjet.de

between

Agentur Sowjet GmbH
Oranienstr. 198
10999 Berlin
Germany

– hereafter only “Provider” –

and

the customer identified in section § 2 of the contract – hereafter only “Customer”,

§ 1 Area of Application, definitions

The business relationship between the web shop provider (hereafter only “Provider”) and the customer (hereafter only “Customer”) is governed solely by the below mentioned General Business Terms, as amended by the wording current when the order is placed.” No deviating terms of the ordering party are accepted unless the Provider expressly agrees with them in writing.

§ 2 Concluding the contract

(1) The Customer can choose products, from the Provider’s offerings and place them into the shopping basket by using the “Add to chart” button. By using the “Book now” button, the Customer places a binding purchase request for the goods placed in the shopping basket. Before sending the order, the Customer can change and check the data at any moment.

(2) The Provider then sends the Customer an automatic purchase request delivery confirmation e-mail with the subject “Confirmation of Your Order at Soviet Media Booking” in which the Customer’s order is again summarised and which the Customer can print via the “Print” function. The contract is concluded only when the Provider sends an acceptance notice in a separate e-mail (order confirmation). The order of the Customer (1) represents the offer to conclude the contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the Provider. In this, the content of the order is summarized. In this e-mail or a separate e-mail, but at the latest upon delivery of the goods, the contractual test (consisting of the order, General Business Terms and order confirmation) is sent to the Customer on a permanent data medium (e-mail or paper) as contract confirmation. The contractual text is saved in a way ensuring that data protection rules are not breached.

(3)The contract is concluded in following languages: German.

§ 3 Delivery, goods availability, payment options

(1)The delivery times we specify start from the moment of our order confirmation (§ 2 (2) of this General Business Terms) provided that the purchase price has been paid (except for purchases by invoice).

(2) If no items among the products that the Customer has chosen are available as of the moment the order is placed, the Provider shall immediately inform the Customer in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer is entitled to withdraw from the contract. The Provider is also entitled to terminate the contract in this case. If this happens, the Provider will immediately return to the Customer any payments made by the Customer.

(3) The Customer can make the payment by bank transfer, credit card, PayPal, invoice, SOFORTüberweisung (Klarna), Giropay, iDEAL, Przelewy24 (P24), EPS, Multibanco.

(4) The purchase price is due immediately after the contract is concluded. If the invoice due date is determined by the calendar, the Customer shall be considered in delay already by missing the date.

§ 4 Prices and shipping costs

(1) All prices on the Provider’s website do not include the applicable statutory sales tax.

§ 5 Warranty for Defects

(1) The Provider provides a warranty under applicable statutory rules, particularly sections 434 et seq. BGB. The warranty obligation for businesses for goods supplied by the Provider is 12 months.

§ 6 Liability

(1) Customer shall make no claims of damage compensation. Exempt from this rule are damage compensation claims of the Customer arising from loss of life, bodily injury or damage to health and/or from the breach of essential contractual obligations (material obligations) as well as liability for other damage stemming from intended breach of duties or gross negligence of the Provider, its legal representatives or vicarious agents. Material contractual obligations are those needed for achieving the contractual aim.

(2) If material contractual obligations are breached, the Provider is liable only for foreseeable damage typically occurring under this type of contract, if caused by negligence, unless the Customer claims damage compensation arising from loss of life, bodily injury or damage to health.

(3) The limitations specified in par. 1 and 2 apply also for statutory representatives and vicarious agents of the Provider if claims are made directly against these.

(4) The provisions of the product liability act remain untouched.

§ 7 Data processing instructions

(1) The Provider collects customer data as part of the processing of the contract. The Provider shall particularly comply with the provisions of the Federal Data Protection Act and Telemedia Act. The Provider shall collect, process and use inventory and user data of the Customer without the Customer’s consent only to the extent necessary for the contractual relationship and claiming and invoicing telecommunications media.

(2) The Provider will not use Customer data for promotion, market survey and opinion surveys without Customer’s consent.

§ 8 Final Provisions

(1) The law of the Federal Republic of Germany applies to the contracts concluded between the Provider and Customer and UN sales law does not apply.

(2) If the Customer is a dealer, legal entity under public law or a public legal entity or a public estate, the court of jurisdiction for all disputes arising from the contractual relationship between the Provider and Customer shall be the seat of the Provider.

(3) The remaining parts of the contract remain binding even if any of its clauses becomes legally ineffective. Statutory provisions, if available, replace the ineffective provisions. The entire contract is void if this would constitute unreasonable hardship of any of the contracting parties.