These terms are valid for business, in particular, trade relations between Kartina Digital GmbH, registered at Rheingaustraße 53, 65201 Wiesbaden, Germany (hereinafter referred to as Kartina Digital), and Kartina.TV service consumer (hereinafter “Subscriber”) in terms of services related to the sale of subscriptions to Kartina.TV services, as well as receiving equipment (hereinafter referred to as "receiver"). Further information about contact details and legal representation of Kartina Digital is available in the Contact section of www.kartina.tv.
In case of changes or additions to these Terms, the Subscriber will be immediately notifies via mail or email. Changes will be indicated separately. Within two weeks from the date of notification of the changes, the Subscriber has the right to write (for example, by mail, fax or email) and to protest the amended Terms and Conditions without giving reasons. For observance of the right to cancel, timely dispatch of cancellation is sufficient. In case of timely receipt of cancellation, Kartina Digital is obliged to terminate the contract. Termination of the contract does not affect the consumed services and related payment obligations assumed by the Subscriber prior to filing a cancellation.
1.1. These Terms of Service regulate the supply of the Subscriber with the receiver with the accessories included in its delivery package for the usage of the service provided by Kartina Digital. The obligations of Kartina Digital to provide certain programs, the use of receivers and transmission technicians are not the subject of this contract.
The television program provided by Kartina Digital consists of 2 bundled offers: the Basic package and the Premium package. These package offers vary in terms of the TV channels available and the price. At the conclusion of the contract, the Subscriber can choose between packages. Under an existing agreement, the change of the Premium package to the Basic package is unavailable. Such a change is possible only after termination of the existing contract and conclusion of a new contract.
If the Subscriber, in terms of the existing agreement, changes from the Basic package to the Premium package, the agreement is extended for further 12 months from the moment the agreement was changed.
1.4. The services offered on the Kartina Digital website oblige the Subscriber to enter into a subscription agreement and / or purchase a receiver. By completing the order of the desired subscription and / or receiver by filling out and sending the online form on the Internet via email, the Subscriber ordering a subscription, which is binding. By placing an order to Kartina Digital, the user guarantees his unlimited capacity. The notification of receipt of the Subscriber’s order is not yet a confirmation of the acceptance of his order. If an order confirmation or other binding written notice from Kartina Digital contains written errors or typographical errors, and also if the reason for specifying incorrect prices is data transmission errors, Kartina Digital has the right to challenge this notice by providing the necessary proof. If payment went thru, in this case, it will be promptly refunded. Kartina Digital has the right to take an order within seven calendar days by sending an order confirmation or an ordered subscription. Confirmation of the order is made by sending an email and at the same time is a valid contract. At the end of the week, if the confirmation was not sent, the proposal is considered rejected. Kartina Digital reserves the right, before accepting an order or connecting a Subscriber, to check the solvency of the customer and / or the owner of the current account from which payment for the subscription will be withdrawn. Debts to Kartina Digital may be collected by third parties.
1.6. Services offered are not intended for use by minors. The subscriber confirms his full legal capacity in accordance with the law of his/her country of residence. Each Subscriber has the right to one-time registration, in which he is obliged to provide the correct personal data. Multiple user registration is not allowed. The intentional suppression of this prohibition leads to the immediate suspension of services. Submission of false documents, indication of incorrect personal data and invalid or illegally obtained payment data, as well as multiple registration are not allowed and Kartina Digital will immediately block such accounts and take legal measures according to current legislation.
1.7. The Subscription Agreement allows the use of the provided content, goods and additional services of Kartina Digital exclusively for private purposes. The Subscriber has no right to make a public display or demonstration, as well as provide third parties with access to the content, products and additional services of Kartina Digital. By making a public display, commercial use and public access to content, the Subscriber violates not only contractual obligations in relation to Kartina Digital, but also the rights of third parties, taking into account the threat of lawsuits from Kartina Digital and third parties. In case a Kartina Digital Subscriber uses the service in contradiction with the above mentioned conditions, Kartina Digital has the right to recover a penalty in court. Kartina Digital has the right to make claims for damages in excess of the penalty amount. In addition, Kartina Digital reserves the right to take steps to initiate civil and criminal cases. These conditions are not valid for persons who have entered into a subscription agreement with Kartina Digital to use the provided content exclusively for commercial purposes (hotels, stores, restaurants, etc.)
1.9. The Subscriber agrees not to use the services of the company “Kartina Digital” within the territory of the Russian Federation. If the Subscriber unlawfully uses the services of Kartina Digital, contrary to the ban imposed by the company, he is personally liable for all legal consequences.
1.10. Kartina Digital offers the Subscriber the technical ability to activate or deactivate the 14-day TV-archive recording in the menu of a TV-box. When activating the archive function, the Subscriber is personally responsible for its use. At the same time, Kartina Digital does not bear any responsibility for the use of the TV archive by the Subscriber.
1.11. The subscriber undertakes to use the Kartina Digital service on an ongoing basis only in the country in which he/she has entered into a subscription agreement. The use of a subscription for a period of time outside the country of purchase entails changes in the number and content of channels differing from the original contract. At the same time, the Subscriber does not have any claims to Kartina Digital regarding the general list or the number of channels according to the original contract.
2.1. Kartina Digital can elaborate and modify services, as well as special offers, with the aim of improving them and adapting to technical innovations, if this may presumably coincide with the interests of subscribers and Kartina Digital. In connection with the ongoing maintenance and development it is possible that the services may be temporarily terminated. Kartina Digital guarantees the provision of services within 97% of the calendar year. Within 3% of the calendar year, there may be a temporary restriction or termination of services due to maintenance and development. Complaints related to this restriction on the provision of services are not subject to review and do not constitute a reason for termination of the contract and the presentation of requirements to Kartina Digital by consumers of services. The Company shall not be liable also in cases when the idle time does not constitute a significant part of the contract validity period with the Subscriber.
2.3. Kartina Digital has the right to change the prices for services if this is due to a change in the cost of the supplier’s signal or a change in the duties, fees or taxes. The cost of services may vary from the beginning of the month following the month of receipt of the notification of changes in rates.
Kartina Digital reserves the right to arbitrarily change the prices of services, subscriptions and merchandise at any time and within appropriate limits. Subscriber will be timely notified of upcoming price changes via email. The message will be sent to the address provided by the Subscriber during registration. If the Subscriber has entered an incorrect or someone else's email address, then Kartina Digital is not responsible for the fact that he was not notified of the change in prices.
When prices increase, the Subscriber has the right to terminate the contract (write a “Request for Cancellation”, German: “Widerspruch”) after the completion of the current contract in accordance with these Terms of Service. The subscriber agrees to an increase in prices if he has not submitted a written application for termination of the contract (“Request for Cancellation”, German: “Widerspruch”) within 30 days after notification. Kartina Digital will separately indicate this circumstance in the notification. In order to comply with the deadline for filing an application for termination of the contract, the date of its receipt at Kartina Digital is decisive. If the Subscriber does not use his/her right to terminate the contract, the contract continues on the new price terms.
The subscription and the Kartina Digital TV-box are subject to payment. Payment is made by the Subscriber: prepaid by pre-payment within 14 days from the date of receipt of the invoice or by SEPA-mandate with the ID number of the creditor DE11ZZ00000201628. Kartina Digital is authorized to use SEPA both in Germany and in all member countries of the SEPA payment system. Each Subscriber living in a member state of SEPA has the ability to make payments to Kartina Digital by SEPA-mandate with the identification number mentioned above.
If the subscriber chooses an advance payment, but within 14 days the payment has not been received, Kartina Digital can terminate the contract. Kartina Digital reserves the right to exclude certain forms of payment. Kartina Digital is authorized to collect payments for its services and to collect payments from subscribers who are in arrears.
If the Subscriber chooses a debit from a bank account (direct debit, “SEPA-Basis-Mandat”) as a payment method, then the payment is made by monthly or annual debit from the provided bank account number or credit card. In this case, the Subscriber is obliged to provide the appropriate permission to debit a payment from his account (“Einzugsermächtigung”). The permission is considered granted from the moment when the Subscriber agrees to these Terms of Service. The sum is withdrawn from the Subscriber’s account by our payment partner, Novalnet AG, on the next business day after the Subscriber is notified about the withdrawal of money. The ID number: DE53ZZZ00000004253.
All further services provided by Kartina Digital are paid by direct debit of a bank account (“SEPA-Basis-Mandat”), by credit card or by prepayment. Withdrawal of payment occurs on behalf of the Subscriber. The subscriber is obliged to promptly notify Kartina Digital of any changes in the bank account, as well as the number and expiration date of the credit card.
Kartina Digital is exempt from the restrictions imposed by § 181 of the German Civil Code, and is authorized to issue an override (“Untervollmachten”) free from the restrictions of § 181 of the German Civil Code. When a credit card is specified, Kartina Digital checks the company that issued the credit card, its validity prior to the first use of the services, as well as during the use of the services. The subscriber is obliged to take care of the availability of funds in the account. If you enter incorrect data or if there is not enough funds on the card or the account, Kartina Digital immediately removes the Subscriber from any further use of the services and charges him expenses incurred by returning money to the owner’s current account (Rücklastschrift) and legal costs, as well as related accounting costs. Credit orders must be paid immediately upon receipt of the invoice.
3.3. Upon receipt of an effective complaint, within certain limits, Kartina Digital has the ability to recover the user's expenses. Whether there is a place and how effective the complaint is, is determined by Kartina Digital, based on an objective assessment and at its own discretion. A complaint must be made to the name of Kartina Digital in writing or via email.
3.4. If the Subscriber delays payment for the services, then first he/she receives a payment reminder from Kartina Digital via email. At the same time, Kartina Digital reserves the right to block access to services to the Subscriber until the debt is paid. Kartina Digital has the right to charge the Subscriber the cost of bank fees and processing fees already upon payment reminder. If the Subscriber fails to fulfill his/her obligations within the period specified in the payment reminder, he/she will receive the first reminder by mail (German: “Mahnung”) with additional charges. If, even after the first reminder, the payment is not received, the issue will be escalated to the debt collection agency (German: “Inkassounternehmen”). The process of debt repayment does not relieve the Subscriber from the fulfillment of contractual obligations.
3.5. Subscription will be unblocked only after full repayment of the debt and reimbursement of costs associated with blocking access. Moreover, in case of a debt arising on the part of the Subscriber, Kartina Digital has the right to take further actions as provided by law. The Subscriber is obliged to refund Kartina Digital all costs caused by a delay in payment or by a failed or returned to the Subscriber payment made by direct debit of the Subscriber’s current account.
3.6. These tariffs are final prices, including VAT, and consist of service fees and tariffs for the provision of certificates (it. "Auskunftsentgelten"). Kartina Digital sets the service fees and changes them if necessary. Kartina Digital provides uninterrupted access to services throughout 97% of the calendar year. Kartina Digital is not responsible for quality deficiencies and interruptions in broadcasting that occur outside of its own technical influence.
3.7. When ordering equipment worth less than 30 euros, the cost of delivery in Germany is 4.20 euros for each individual order. When ordering equipment worth over 30 euros, delivery in Germany is free of charge.
3.8. The cost of packaging and shipping (shipping costs) for goods supplied outside of Germany is calculated additionally. Deliveries of goods to enterprises and public organizations are made via a bill or a direct debit (German “Bankeinzug”) if this current account is provided by a credit institution registered in Germany. In this case, the client must submit a written order on the company's letterhead. The order must be sent to Kartina Digital by fax or email.
3.9. All prices shown, including packaging and delivery, are valid at the time of ordering goods. In case the content of the Kartina.TV website is updated, all previously mentioned prices and other data about the goods become invalid. The version active at the time of the order is viewed as decisive.
4.1. The subscriber can cancel the order and return the goods within two weeks from the receipt of the goods. To cancel an order and demand a refund, you must submit a written inquiry (letter, fax, email) stating the reason for return in the form provided (German: Widerrufsformular) before sending the goods. To meet the deadline for return, it is enough to send the goods in a timely manner. Refunds are made at the expense of the sender (subscriber).
A return form (Retourenformular) and a revocation form must be attached to the returned goods.
The application for return, the return form, the recall form and the returned goods should be sent by post to:
4.2. Return inquiry for an annual, 3-month and 6-month subscription can be submitted no later than 14 days from the receipt of the access data. An application with a justification for refusal may be submitted in writing (letter, fax, email). The deadline for refusal is considered from the moment the Subscriber receives the access data.
The disclaimer must be sent to:
4.3. An application for refusal to purchase a monthly subscription can be submitted within 3 days (72 hours) from the moment of activation of the subscription, but no later than 14 days from the receipt of the access data. The deadline for refusal is considered from the moment the Subscriber receives the data for access.
The disclaimer must be sent by post to:
4.4. The subscriber has no right to perform actions on the product, which are provided solely for execution by the manufacturer or authorized persons. In particular, such actions include the opening of devices, removal of warranty seals and serial numbers, as well as any means of circumventing such measures of protection against the performance of unauthorized actions on goods, products and devices.
4.5. Furthermore, in the case of a return / cancellation, both parties undertake to return the goods received and reimburse the services, as well as to announce other benefits obtained by using the subject matter of the contract. In case of deterioration or loss of the goods, the seller may claim compensation for the damage caused. This condition is not valid for cases where the deterioration or loss of the goods is caused exclusively during the test of the goods for suitability for use. Also, the Subscriber can avoid the cost of damages, not taking the goods into use as the owner and avoiding all actions that could lead to a deterioration in the quality of the goods.
5.1. In case of cancellation of the order, both parties undertake to return the goods received and reimburse the services, as well as announce other benefits received through the use of the subject matter of the contract.
5.2. In case the Subscriber of Kartina Digital cannot return the goods in their original condition, he/she must compensate the deterioration of the goods to the company. The subscriber undertakes to return the goods without signs of use and, if possible, in the original packaging. Using original packaging provides the best protection for the goods while shipping. If the return of the goods occurs with a delay (later than 10 days after the expiration of the deadline for canceling the order / return of the goods), then Kartina Digital is not obliged to accept the goods. In case the goods are still accepted, Kartina Digital is entitled to compensation for the loss in the amount of 30% of the purchase price of the goods, as well as the right to claim compensation for any damage or deterioration of the goods. Compensation loss is calculated based on the purchase price of the goods. If the Subscriber does not agree with the stated amount of loss, he/she must prove that the loss is less significant. Cancellation of the order is also impossible if the electrical goods were clearly subjected to treatment that is not provided for during normal use, as well as in case of damage of the warranty seals.
5.4. In case the Subscriber uses his right to return and cancel the order, Kartina Digital has the right to withhold the amount of the order until the Subscriber submits proof of the return shipment of the goods.
6.2. In case the Subscriber chooses an advance payment, the goods are reserved for the Subscriber when accepting the contract, however the goods are sent only after receipt of the payment. When placing an order, the Subscriber is advised to take this into account and make the payment timely.
6.3. If the subscriber chooses an advance payment, but within 14 days the payment has not been received, Kartina Digital can terminate the contract. If Kartina Digital continues to adhere to the contract, then the delivery times mentioned at the time of the order are invalid.
If the products and goods are delivered with obvious damages, the subscriber is obliged in the presence of the courier to immediately submit a complaint to the supplier company and contact Kartina Digital at the email address: firstname.lastname@example.org. Thereby, the subscriber helps Kartina Digital in drawing up a claim to suppliers and transport companies. Omission (non-presentation) of a complaint or non-notification of Kartina Digital leads to the loss of warranty for damaged equipment.
8.1. Within the limits allowed by law and taking into account the Subscriber’s interests to be protected, to verify the payment and creditworthiness, SCHUFA company may be provided with necessary data.
8.2. The subscriber agrees that all his data, which he provides to Kartina Digital as part of the subscription agreement (client’s personal data, bank details and debit and credit card information) can be sent to SCHUFA holding company ("SCHUFA AG") in order to verify the Subscriber’s creditworthiness. Regardless, Kartina Digital sends SCHUFA data on the Subscriber’s contravening behavior (for example, outstanding debt after withdrawal from the contract, termination of the contract, abuse of a credit card). The transfer of such data is carried out in accordance with the federal data protection law ("Bundesdatenschutzgesetz") and only if this is considered acceptable, taking into account the interests of all parties involved.
8.3. SCHUFA stores and transfers data for solvency requests to its contractual partners in the territory of the European Union. SCHUFA partners are all lending institutions, as well as credit card companies and leasing companies. When looking for a debtor, Schufa provides its address data. When issuing certificates, SCHUFA may additionally inform its contract partners on the likelihood of credit risk in relation to the Subscriber. Data is made available only when an inquiry is justified. All personal data is transferred confidentially and in accordance with the data protection law.
9.1. The minimum validity of the annual contract is 12 months from the date of receipt of the goods or the beginning of the supply of services. After the expiration of the minimum period of validity, the contract is automatically extended for 1 year. The application for termination of the subscription must in writing (letter, fax, email) arrive 1 month before the expiration of the contract in the name of "Kartina Digital".
The refusal should be sent by post to:
Refusal to accept parcels or services is not considered as a valid termination of the contract.
a) The subscriber is preparing to enter or has entered the bankruptcy process;
b) The Subscriber uses the services and products of Kartina Digital for deceptive purposes, violates existing civil and criminal law, public order or customs regulations or raises relevant suspicions;
c) Other respective reasons.
10.2. Before transferring ownership, resale, rental, bail or deposit, change in physical qualities and handling of goods, as well as other similar actions performed without special consent from Kartina Digital are prohibited.
10.3. The goods remain the property of Kartina Digital until the Subscriber fulfills all obligations from the present, as well as from all previous and subsequently concluded business relations with Kartina Digital. If the Subscriber, despite the warning, does not fulfill his payment obligations, then, at the request of Kartina Digital, he must, at his own expense, send the workable goods in their original packaging to the valid address of Kartina Digital. In this case, in addition to returning the goods, the Subscriber undertakes to assume the payment of damages of the goods identified during the subsequent assessment of the condition of the goods, as well as payment of damages in the amount of 30% of the purchase price of the goods. If the Subscriber does not respond to the requirements to return the goods within the prescribed period, and does not recover the purchase price of the goods, including fines and penalties, he commits a concealment crime (“Unterschlagung”), which he is informed categorically.
11.1. The subscriber agrees to handle the device with care and without the use of force. It is liable for damage caused by improper handling, unauthorized access to the device, or other unlawful conduct.
11.2. The subscriber agrees not to eliminate interference in the operation or damage to the device on his/her own. Instead, he/she must immediately report the problem to Kartina Digital. If the device is sent for repair to Kartina Digital or another authorized enterprise, and the defects in its operation are not covered by the manufacturer's warranty, the Subscriber must refund Kartina Digital the cost of repairs and other expenses related to the cost estimate and repairs.
12.1. In case of deficiencies in the operation of the received device, as well as in cases where third party claims may be brought against the Subscriber, Kartina Digital is liable in accordance with statutory regulations, especially §§ 434 ff. Bgb Claims of the Subscriber to Kartina Digital in connection with the detected deficiencies must comply with the laws and be made within the time limits established by law, if later in the text these conditions are not stipulated separately. The statutory warranty is currently two years.
Before sending the device in order to correct the identified deficiencies, the Subscriber is obliged to declare Kartina Digital that there are flaws. To do so the Subscriber is obliged to contact the Kartina Digital service center by phone +49 69 84 84 540 or per email email@example.com. Within 14 days of purchase, if there is a defect, Kartina Digital can issue a free return for replacement or repair of the equipment. In order to issue a free warranty return within 14 days, the Subscriber is required to request a free return when contacting the service center.
After the 14-day period, the cost of shipping equipment for warranty repair is paid by the Subscriber.
A return form (Retourenformular) must be sent together with the returned goods. Item must be returned in the original packaging. Other types of returns are not accepted.
12.2. Damage caused to the device by improper or contractual actions of the Subscriber during installation, connection, maintenance or storage is not the basis for claims against Kartina Digital. Improper handling or non-compliance with the terms of the contract is determined, in particular, by the manufacturer’s instructions.
12.3. If the Subscriber is an entrepreneur, and the services ordered by him are intended to be used in production conditions, then claims regarding the operation of the device may be submitted within one year after receiving the goods.
12.4. Kartina Digital services include repair of defective goods. Instead of repairing a defective product, Kartina Digital can replace it. This may be replaced by a new or repaired device (spare device). As a spare device, at least a technically equivalent device from other series or manufacturers can also be provided.
If the device cannot be repaired for economic or physical reasons, Kartina Digital may replace it with a spare one.
Kartina Digital guarantees the repair of the defective goods or the delivery of a replacement device to the Subscriber within 14 working days from the receipt of the defective goods.
The term of repair or delivery does not affect the term of the contract.
12.5. Kartina Digital is not responsible for failure to fulfill obligations of third parties to the Subscriber. If the Subscriber has problems with his Internet service provider and therefore cannot receive Internet TV from Kartina Digital, this is a fault of the Internet provider. The subscriber cannot claim Kartina Digital on this basis - for example, to demand the return of the subscription fee, the extension of the contract for the period of downtime, etc.
13.2. The Subscriber accepts the license agreement when he/she first uses the service. Software remains the intellectual property of the manufacturer. All names and descriptions of goods, brands and logos belong to the developers of the offered subscriptions and goods. When using the supplied devices, the protection rights (“Schutzrechte”) granted to third parties are required.
13.3. In addition to the above mentioned, there are rulings on claims against the software developer. The subscriber must first make an attempt out of court to resolve problems with the software developer.
13.4. The subscriber undertakes to protect himself properly against data loss. Since the re-installation and modification of the software carries the possibility of data loss, the Subscriber is obliged to backup important data if necessary.
14.1. Kartina Digital, as well as its official representatives and performers, bear full unlimited liability in case of deliberate or grossly negligent breach of contractual obligations. As for the rest, given slight negligence in the execution of key clauses of the contract, Kartina Digital bears the typical liability of the contract for limited risk stipulated by the contract. Kartina Digital is not responsible for any loss of customer data.
14.2. The exception are the client’s claims for threat to life and health, or for violation of the key obligations of the contract (“Kardinalpflichten”), as well as claims for damages caused to his/her property. In this case, the “Regulations on Telecommunications and Consumer Protection” (“Telekommunikations- und Kundenschutzverordnung”) apply. Responsibility according to the instructions of the “Product Liability Act” (“Produkthaftungsgesetz”) due to malicious intent or guarantee, remains inviolable.
15.1. The subscriber is liable for the misuse of services, violation of these general conditions for concluding commercial transactions, as well as in case of not being able to meet the provisions of the contract.
15.2. The Subscriber releases Kartina Digital from all claims that may be put forward by third parties for the reason that the Subscriber, during the conclusion of this contract, increases his/her debt to the company. The subscriber bears all the costs of legal protection arising from this. The subscriber agrees to provide Kartina Digital with protection against third party encroachment at his/her own expense.
17.1. It is prohibited to transfer the rights and obligations of the contract with Kartina Digital to a third party. In case of violation of this contractual obligation, Kartina Digital is entitled to legal proceedings.
18.2. Kartina Digital complies with the statutory provisions of the General Data Protection Regulation as well as the provisions of the Telemedia Act as well as further legal data protection regulations.
19.3. In case of a legal dispute, both contractual parties agree to first try to reach an agreement out of court. If the Subscriber is an entrepreneur, a legal entity with public rights or special public law property, then in case of possible disputes arising from contracts or related legal relations for both parties, legal proceedings are carried out by the District Court of Wiesbaden, Germany.
If individual provisions of these Terms of Service are partially or completely invalid, impracticable, incomplete or become such, then this does not cancel all other provisions of these Terms of Service. Both parties are obliged to replace the invalid, impracticable, incomplete or repealed provisions with those that are within the legal possibilities most close in meaning and purpose to the previous, invalid, impracticable, incomplete or canceled provisions of the contract. The same applies to cases not covered by these Terms of Service.
As of 09/21/2016