General terms and conditions
1. Scope of application
1.1 The following terms and conditions of business shall apply to all orders transmitted electronically by Customers to Oliver Linow - LinowSat, Klippe 68, 5332 Bornheim (following also named „LinowSat“) and shall be acknowledged by Customer with each order. Deviating or supplementary terms shall only become an integral part of the agreement if their validity has been expressly agreed in writing. The reference to Customer's terms on its forms is hereby contradicted.
1.2 Customers within the meaning of the present terms shall be both consumers and also businessmen. Consumers within the meaning of the present terms shall be natural entities with whom business relationships are started without a commercial, independent or freelance activity being able to be ascribed to them. Businessmen within the meaning of the present terms shall be natural or legal entities or partnerships of legal capacity with whom business relationships are started and who act in the exercising of a commercial, independent or freelance activity.
2. Scope of services
2.1. The scope of services determined of the related specification of services at that time the access package were ordered.
2.2. Availability of LinowSat.de - Although LinowSat.de aims to offer you the best service possible, LinowSat.de makes no promise that the services at the LinowSat.de Site will meet your requirements. LinowSat.de cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the E-Mail: firstname.lastname@example.org
and we will attempt to correct the fault as soon as we reasonably can.
Your access to LinowSat.de may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. LinowSat.de will attempt to restore the service as soon as it reasonably can.
2.3 The frequency of measurements of dedicated services or multiplexes can vary and is among other things dependent on transmission parameters which are not in range of influence of LinowSat
2.4. The reception of the satellite signals which are necessary for the most services on LinowSat.de are made without redundancy. The reception can be interrupted due bad weather conditions on the uplink or downlink site. Als during the sun interference period in spring and autumn each year the signal can be interrupted.
2.5. In case of maintenance or upgrading operations, Linowsat can temporaly stop or limit services. These operations usualy take place at night-time and if possible these operations will be announced in advance.
2.6. If reasonable under the consideration of interests of LinowSat.de for the customer the service of LinowSat access packages are subject to change
2.7. Change of details for the access packages are possible for anyway, if LinowSat announce these change within an appropriate time that the changes are subject to going effective if the customer doesn't protest within appropriate period.
3. Customer obligations
3.1 The customer is under the obligation to use the services provided in accordance with the contract and the law. The customer is in any event responsible for the use of his access package and the use of passwords.
3.2 The user administrates his login data and password carefully and keeps his password secretly.
3.3 LinowSat has the right to block access package login if the user go against 3.2.
4. Limitation of liability
4.1 We shall be liable according to the statutory directives in the event of malice aforethought or gross negligence, for damage from culpable injury or life, limb
or health of Customer and also within the framework of a property or service life guarantee.
4.2 In the event of a culpable breach of a cardinal contractual duty, we shall be liable for an amount limited to the foreseeable damage typically occurring if
none of the cases stated in sub-section a occurs.
4.3 If none of the cases stated in sub-sections a and b above occur, our liability shall be limited to the remuneration owed contractually, up to a maximum
amount of EURO 50,000.00. d. Liability on the basis of the Product Liability Act shall exist without limitations.
5. Data protection
5.1. The data necessary for handling the transaction shall be stored electronically and forwarded to affiliated companies in the course of the handling of the transaction if need be. This information is given according to the directives of § 33 sub-section 1 Federal Data Protection Act (BDSG). All personal data shall naturally be treated confidentially. Please notice the section 'LinowSat Data Privacy'.
6. Terms of payment
6.1 The commodities shall be paid for in advance. Payments by bank transfer and paypal shall be possible at the terms stated during the ordering process. Payment by sending cash or cheques shall not be possible. Liability in the event of loss shall be ruled out.
6.2 LinowSat provides an electronical invoice for all payment transactions. The post via E-Mail is free of charge.
6.3 If the customer requires an hardcopy invoice via mail, LinowSat can charge 3,- € for this service.
6.4 To the extent legally admissible, setoff rights shall only accrue to Customer if its counterclaims are legally effective, undisputed or have been acknowledged by us. Customer shall only be authorised to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
6.5 ln the event of arrears in payment, our entire claims existing at the time in question shall become due for payment immediately.
7. Conclusion of contracts
7.1. Your contract with us is concluded by us when you have finished your registration, payment process and we activated your access package. The registration confirmation is generated automatically and does not constitute an acceptance of your registration.
7.2. The contract terminates by default if the in advance paid access package time period is expired. An additional cancellation is not necessary.
8.1 The prices stated shall be final prices. Due to the status of small businessman we don't charge value added tax (VAT) and we don't show VAT on our invoices.
9. Applicable law / place of jurisdiction
9.1 The present agreement shall exclusively be governed by the law of the Federal Republic of Germany. The United Nations Convention of April 11, 1980, concerning contracts for the international sale of commodities shall not be applicable.
9.2 For businessmen: To the extent not agreed to the contrary in writing, place of performance for all contractual obligations shall be Bonn. For all present and future claims from the business relationship with the customer, the exclusive place of jurisdiction shall be Bonn. However, we shall be entitled to sue Customer at the court responsible for its place of residence.
9.3 The same place of jurisdiction shall apply if Customer has no general place of jurisdiction in Germany, moves its place of residence or customary abode out of Germany after concluding the agreement or its place of residence or customary abode is unknown at the time of initiation of proceedings. Identification of the provider:
Tel. +49 172 203 88 41
Fax +49 7131 617 224
10. Surrender of use to third parties
The customer shall not sell, pledge, rent, lend or otherwise surrender the professional access package login data to third parties for use. LinowSat can agree an surrender of use to third parties.
11. Right of revocation for consumers: (§§ 312 d, 355 German Civil Code)
Customer can revoke the contract by returning the commodities to us within 14 days of receipt without stating reasons. The period shall commence no earlier than receipt of the commodities and these instructions (confirmed by mouse click in the online order). Punctual dispatch of the commodities shall be sufficient in order to revoke the contract concluded with us. Revocations shall be made to the following address:
12. Consequences of revocation
In the event of an effective revocation, the consideration received by both parties shall be restituted and any benefits received (e.g. interest) shall be returned. If Customer cannot restitute the performance received, either totally or partly or only in a deteriorated condition, it shall, if applicable, be obliged to compensation to us. In provision of objects, this shall not apply if the deterioration of the object is exclusively to be put down to an examination by Customer such as would have been possible, for example in a shop. Apart from this, Customer can avoid the obligation to compensation by not putting the object into use like an owner and omitting everything impairing its value.