touristic-text.de

Please read the following terms and conditions carefully, as the agreement to them is a prerequisite to using the service of touristic text.


The following terms and conditions (GTC) apply to all contracts between the Customer and the Supplier (touristic text). Changes and/or deletions of separate aspects are only valid if they have been agreed by the Supplier in written form. This also applies to any future performances even if they are not mentioned specifically.
All questions or complaints concerning these conditions can be expressed via letter or email to the Supplier.

Term
touristic text is a service of the qualified communication salesman Till Gottschalch, Schwedenstraße 17, 13357 Berlin,
St-Nr.: 23/313/61589; Ust-IdNr.: DE245556820.
Type of firm: conception and creation of publicity texts.

Order acceptance
All orders will be accepted and treated by touristic text according to the following conditions. The Customer accepts these through order placement for this service: all offers found under http://www.touristic-text.de are not binding and present a mere invitation to you to give an offer (demand) of your own. touristic text reserves the right to refuse the acceptance and the furnishing of the service (for example due to work overload).

For an order made through text input, the contract is completed by fulfilling the following actions:
You accept the general terms and conditions through the button Accept GTC.
You accept transmitting and limited storing of your personal data necessary for the order through the according button.
You send the text through the Send Text button.
touristic-text confirms your order within 48 hours and sends you the bank details via mail.
For touristic-text, your payment is the signal to start the editing of the text and to send it to you.

The contract is concluded when touristic text sends you an email within 48 hours confirming the order (however, touristic-text will endeavour to confirm the order faster) and the Customer completes the payment.
The acceptance of an order without reply is not possible.

The Customer therefore enters a contract with touristic-text that is binding for the Customer and must be fulfilled through acceptance and payment of the text. The Customer gives an order for an individual text that is edited according to the requirements.
Orders that are made through the indication of an URL address or otherwise are to be discussed from both sides (price offer from touristic-text and order from the customer). In this case the contract is entered when touristic-text confirms the set conditions and order. Here the Customer also enters a contract with touristic-text that binds the Customer to his order and must be fulfilled through acceptance and payment of the text. The contract ends with the acceptance of the edited text by the Customer. Should the Customer have any complaints, the contract will end after discussion or correction of the complaint.

Prices
The price for 600 characters amounts to 20 Euro and must be paid in advance. Sales tax will not be added, as the provider of touristic-text is exempt of charging sales tax. Additional fees created through the transfer of the text will not be calculated, as long as the order can be completed via email.

Despatch costs
Should the Customer require the text to be sent via letter, touristic-text will charge despatch costs of 5 Euro. In case money is transferred through a bank, the Customer has to pay the transaction fees.

Delivery period
All orders will be carried out within the agreed delivery time. However, the delivery periods are not binding in that minor delays in delivery do not lead to a compensation for damage.
Delays in delivery that result from shipment delays are not within the liability of touristic text. The deliveries are made under reservation of proprietary rights. You are not entitled to use the text before payment is completed.

Right of withdrawal
If you are a consumer you have the right of withdrawal according to §3 of mail ordering and the German Civil Code (BGB §§355, 312 b-d).
This right of withdrawal does not apply to mail ordering contracts for deliveries which are made according to specifications of the customer or that are designed especially according to personal requirements, e.g. publicity texts. In the following you will find the contents of the law texts. In case some passages are not applicable or will be changed in future by the legislator, touristic-text will always keep to the conditions according to the German Civil Code that are more preferable for the Customer and will allow the right of withdrawal in case of doubt.

Explanation of the right of withdrawal

Right of withdrawal
You may cancel the contract conditions within 31 days without giving any reason, through written form (e.g. letter, email). The period of notice starts the day after the receipt of this explanation at the earliest: to stay within the period of withdrawal it is sufficient to send a withdrawal on time. This withdrawal is to be sent to:
Till Gottschalch,
Schwedenstr. 17, 13357 Berlin, Deutschland
Tel.: +49 (0) 30/ 491 76 96
Mail: service@touristic-text.de

In the case of an effective withdrawal, the services rendered up to that point are to be returned on both sides (plus eventual usage). If the Customer cannot return the received service or if it is in a damaged state, he may have to send a reimbursement. This does not apply for merchandise that has been damaged through quality testing – as would be the case in stores. You can however avoid the reimbursement if you do not use the merchandise. Obligations of reimbursement have to be fulfilled within 30 days after sending the withdrawal. You must bear the costs of return if the delivered merchandise corresponds to the ordered merchandise and if the price of the merchandise to be returned does not exceed 40 Euro. This also applies in the case of a higher price if you have not carried out payment or a contractually agreed partial payment at the time of withdrawal.
Otherwise the return is free of charge for you.

Special advice:
The right of withdrawal expires according to § 312d section 1 of the German Civil Code if your contract partner (touristic text) has received your approval and has already started with the treatment of the service before the period of withdrawal has ended, or if you have done so yourself (e.g. through download).

The right of withdrawal is not valid for remote ordering, if not mentioned otherwise,

1. for the delivery of goods manufactured according to customer specifications or clearly tailored to personal needs or that are, due to their properties, not fit to be returned, or may be spoiled quickly, or have exceeded the expiry date.

2. for the delivery of audio or video recordings or of software provided the consumer has unsealed the received discs.

3. For the delivery of newspapers and magazines.

4. For services rendered for betting and lottery.

5. For contracts which have been entered into in the form of auctions (§ 156) or

6. for the delivery of goods or the rendering of financial services where the price fluctuates on the financial market and upon which the supplier has no influence and which can occur within the withdrawal period. This especially applies to services connected with shares or share certificates which have been issued by a capital investment company or a foreign investment company, e.g. negotiable stocks and shares, currency, derivatives or money market instruments.

Right of usage
touristic-text merely provides the customer with the right of usage of the received text, which is not transferable.

Copyright
The Customer gives touristic-text the assurance that through the order no copyright, trademark or similar rights of third parties are violated. All possible violations are carried only by the client.

Liability
touristic-text guarantees to secure the availability of the offered services. However it may occur that the service fails temporarily because of technical problems. Touristic text will try to inform you as well as possible of the type and duration of the interruption but cannot be held responsible if the service is not available. Also, touristic text cannot secure the reliability and quality of the internet outside its own boundaries.
The customer agrees that the usage of the service is done at his own risk: it cannot be guaranteed that the service is free of failures and interruptions. There is no liability assumed for the products of the service. There is no guarantee, neither explicit nor implicit, including but not limited to guarantees of a title or implicit guarantees for marketable or suitable purpose or usage of this service. Touristic text is not responsible for contents of other web pages that are linked from this website. Touristic text is not liable for consecutive damages. A liability for the damage or loss of data on own or other data carrier as well as electronic data transmission and networks is explicitly excluded.

Guarantee
Obvious faults are to be reported within 14 days by letter or email to tourisic-text. After this period has passed you cannot make a claim for damages. This period is valid from the time you receive the text. Less obvious faults can be declared within the 6 months after receiving the text. Touristic text can choose between correcting the text and sending a substitute text. Should the correction or the substitute fail, you are entitled to choose if you would like to lower the price or cancel the contract. Other rights, such as claim of damage including claiming profit losses or substitutable damage claims are excluded. This does not apply if the source of damage is founded on intent or negligence or if the claim of damage is made because of missing features that were discussed beforehand. Complaints made that are based on a personal point of view as regards taste are not valid as faults. If an examination of the text provided by you shows that the faults are due to missing data from your side we will let you know. Should corrections be necessary in this case, you are to carry the additional costs.

Data protection
The Customer is aware of and willing to agree to the storage of personal data on a data carrier necessary for the completion of order. He agrees to the data gathering and data processing of his personal data as purpose of the completion of order. The processing of the data is made in accordance with the German data protection law and the telecommunication protection law. All data will be treated confidentially. The Customer has the right to withdraw his agreement with effect for future orders at all times. In the case of withdrawal, touristic-text is committed to the immediate deletion of the personal data except if the order has not been fully completed yet.

Communication
The Customer agrees that the language of communication with touristic-text will be in English or Spanish.

Alterations
touristic-text reserves the right to make alterations to the conditions at any time. The changes will be made public through an official notice or will be communicated to the client via email. If a client makes use of the service after the changes have been made public, he agrees to these changes. touristic-text can end or revise one or all aspects of the service according to its own judgment.

touristic-text is a service of Till Gottschalch, publicity texts, Schwedenstr. 17, 13357 Berlin, Tel.: +49 (0) 30/ 491 76 96, E-mail: service@touristic-text.de
St-Nr.: 23/313/61589; Ust-IdNr.: DE245556820.
All logos and trade-marks are property of the respective owner and licensee.

The exclusion of liability is valid in all other instances. This website is copyrighted.

© 2006 by Till Gottschalch