The following general terms and conditions (also referred to as "GTCs" for short) regulate the contractual relationship between "Kartina Digital GmbH" (Rheingaustraße 53, 65201 Wiesbaden, Germany), hereinafter referred to as ("Kartina Digital"), and the user of the services of "Kartina.TV" further referred to as ("subscriber"), in the area of the distribution of access data for Internet TV from "Kartina.TV" as well as set-top boxes ("receivers") and hardware.
Any changes or additions to these terms and conditions will be sent to the subscriber immediately by electronic means for information. The changed clauses are particularly emphasized. The subscriber has the opportunity to object to the amended terms and conditions in text form (e.g. letter, fax, email) within two weeks of receipt of the amended terms and conditions. The timely dispatch of the objection is sufficient to safeguard the right of objection. If the validity of the changed contractual conditions is contradicted within the aforementioned period, "Kartina Digital" will terminate the contract. The termination does not affect the services used and their obligation to pay before they are received.
§1. Subject of the contract
The offer is accepted by submitting the access data and activating the subscription immediately.
§2. Contract changes
2.1 "Kartina Digital" can supplement or change the services or broadcaster offers in order to improve them or adapt them to technical developments, provided this is reasonable taking into account the interests of the subscribers and "Kartina Digital". Ongoing maintenance and further development can temporarily limit or interrupt the usage options. “Kartina Digital” ensures that subscribers can use the system for 97% of the year. During 3% of the year there may be restrictions or interruptions in the possibilities of use due to ongoing maintenance and further development work. The subscribers cannot derive any claims against "Kartina Digital" from this. There is also no exclusion of liability if the downtimes make up a not insignificant part of the total contract period with the subscriber.
2.2 "Kartina Digital" is entitled to change the composition of the program package offered without prior notice to the subscribers and without giving reasons at its own discretion.
2.3 In the event of a change in the signal costs of a signal supplier or the introduction or change of fees or charges, "Kartina Digital" is entitled to adjust the amount of the fee at the beginning of the next calendar month following the notification of increase.
2.4. "Kartina Digital" reserves the right to change the prices for its services, subscriptions and goods within reasonable limits at any time. The subscriber will be informed duly in time by email about the upcoming price changes. The message will be sent to the email address provided by the subscriber when registering. If the subscriber has not left his own or someone else's email address, he cannot subsequently claim that he has not been informed of the price change.
In the event of price changes to the disadvantage of the subscriber, the subscriber is entitled to object. The changes are considered approved if the subscriber does not object to them in writing within 30 days of notification. "Kartina Digital" will point out this legal consequence separately in the notification letter. The receipt of the objection letter by "Kartina Digital" is decisive for the period. If the subscriber does not effectively exercise his right of objection, the contract with the new price provisions will continue unchanged.
§3. Rates, Payment Regulations
3.1. The subscription and the hardware of "Kartina Digital" are chargeable. Payment can be made either in advance by bank transfer within 14 days of receipt of the invoice or by SEPA basic mandate by entering the creditor identification number DE11ZZZ00000201628. "Kartina Digital" is entitled to use the SEPA procedure both in Germany and in all SEPA member states. Every subscriber living in SEPA member states has the option of making payments to “Kartina Digital” using the SEPA basic mandate and by specifying the above identification number.
As soon as the subscriber has chosen to pay in advance and the amount has not been credited to the “Kartina Digital” account within 14 days, “Kartina Digital” can withdraw from the contract. "Kartina Digital" reserves the right to exclude individual payment methods. "Kartina Digital" is entitled to collect the corresponding fees for its services as well as for the delayed payments from subscribers.
3.2. The fee charged for the use of the "Kartina Digital" service will be charged monthly or annually (as specified in the context of the subscriber registration for the "Kartina Digital" service) via the payment method selected by the subscriber either on the calendar day corresponding to the start of the paid subscription , or billed according to the payment provider's terms and conditions. The activation of the access to the service of the "Kartina Digital" takes place immediately after receipt of the access data.
If the subscriber has opted for the SEPA basic mandate payment method, he is obliged to issue a corresponding direct debit authorization. The direct debit authorization of the subscriber is implied by accepting the terms and conditions. The amounts are debited from the subscriber's account one banking day after the order has been completed by the partner of “Kartina Digital” of Novalnet AG, Gutenbergstrasse 2, 85737 Ismaning, under the creditor ID: DE53ZZZ00000004253.
For all other services offered by “Kartina Digital”, payment is made by means of a SEPA basic mandate, via a credit card number or in advance. The fees are collected in the name and for the account of the subscriber. The subscriber is obliged to notify "Kartina Digital" duly in time of any change to his bank details, changes to the credit card number or the period of validity. "Kartina Digital" is exempt from the restrictions of §181 BGB and is entitled to grant sub-powers, also with exemption from the restrictions of §181 BGB. In the case of credit card details, “Kartina Digital” checks the validity of the subscriber's credit card with the credit card company before the service is used for the first time and at irregular intervals thereafter. The subscriber is obliged to ensure sufficient funds in the account. If incorrect data is given or there are insufficient funds in the bank or credit card account, "Kartina Digital" immediately excludes the subscriber from any further use and charges him the costs of any return debits and any legal costs incurred as well as a processing fee. Orders on account are always due for payment immediately.
3.3 In the event of justified complaints, "Kartina Digital" has the option to reimburse subscribers for the fees paid within a certain framework. "Kartina Digital" determines whether and to what extent a justified complaint is present based on factual aspects and at its own discretion. Complaints must be made in writing or by email to "Kartina Digital".
3.4. If the subscriber defaults on his payment, he will first receive a payment reminder by email from "Kartina Digital". At the same time, "Kartina Digital" reserves the right to block the subscriber's access to the service until the outstanding claim has been paid. "Kartina Digital" is entitled to bill the subscriber for the costs of the bank fee and processing fee as soon as a payment reminder is sent.
3.5. If the subscriber defaults on his payment for the hardware, he will first receive a payment reminder by email from "Kartina Digital". "Kartina Digital" is entitled to bill the subscriber for the costs of the bank fee and processing fee as soon as a payment reminder is sent. If the subscriber does not comply with the payment reminder within the set deadline, he will receive the first reminder with additional reminder fees by post. If no money is received after the first reminder, the procedure will be passed on to the next dunning level. From this point on, the debt collection company commissioned by Kartina Digital deals with the case. The subscriber's obligation to pay the fees remains unaffected.
3.6. Reconnection will only take place after the outstanding payment has been received in full. In addition, "Kartina Digital" reserves the right to claim further expenses within the framework of the statutory provisions after the occurrence of default.
3.7 The stated fees are final prices including VAT and consist of connection fees and information fees. "Kartina Digital" sets the connection fees and changes them if necessary.
3.8. For orders with a value of less than 30 euros, a shipping cost of 4.20 euros per order will be charged for shipping within Germany. The shipping cost share of 4.20 euros is waived if the order value exceeds the 30 euros limit.
3.9. For packaging and shipping (shipping costs) of the delivery outside of Germany, the costs are calculated separately. Deliveries to entrepreneurs or public institutions can be made against invoice or direct debit, provided the account concerned is held with a credit institution based in Germany. In any case, a written order on the subscriber's company form is required for this. The order must always be sent to "Kartina Digital" by fax or e-mail.
3.10. All prices mentioned, including for packaging and shipping, are only valid within Germany and only at the time of the order. When the "Kartina.TV" website is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive.
§4. Right of withdrawal
4.1. The subscriber can revoke the goods within 14 days in text form (e.g. letter, fax, e-mail) with a written justification in the attached revocation form. The period begins after receipt of the goods by the recipient. The timely dispatch of the item is sufficient to meet the cancellation deadline.
The return costs are to be borne by the sender (subscriber). The returned goods must be accompanied by a fully and correctly filled out return form and cancellation form. No other type of return will be accepted.
The revocation, revocation form, return form and return of the goods must be sent to:
4.2. The subscriber can revoke the one-year subscription within 14 days after receiving the access data in text form (e.g. letter, fax, email or in his account) with a reason. The period begins after receipt of the access data for the subscription by the recipient.
The revocation must be sent to:
4.3 In the case of a one-month contract for the delivery of digital content that is not on a physical data carrier, the right of withdrawal expires if Kartina Digital has started to execute the contract after the subscriber (i) has expressly agreed that Kartina Digital should proceed with the execution of the contract The expiry of the withdrawal period begins, and (ii) the subscriber has confirmed in knowledge that he loses his right of withdrawal by consenting to the execution of the contract. The subscriber's consent is given by accepting these terms and conditions.
4.4. The subscriber is expressly advised that he may not perform any actions on the product that may only be performed by the manufacturer or authorized persons. This includes in particular breaking or removing seals or the serial number or bypassing comparable safeguards that are attached to the goods, products or devices.
4.5. It is also expressly pointed out that in the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. benefit from using the goods) surrendered. In the event of deterioration or loss of the goods, compensation can be requested. This does not apply if the deterioration or loss of the goods is solely due to their inspection. In addition, the subscriber can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that may impair their value.
§5. Consequences of cancellation
5.1. In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. benefits of use) surrendered.
5.2. If the “Kartina Digital” subscriber cannot return the goods received in whole or in part or can only return them in a deteriorated condition, the “Kartina Digital” subscriber may have to compensate for the value. The subscriber is obliged to return the goods without signs of use and, if possible, in the original packaging. The use of the original packaging ensures the best possible protection of the goods during transport. If the return is delayed (i.e. more than 10 days after the expiry of the cancellation / return period), "Kartina Digital" is no longer obliged to take back the goods. If the goods are taken back anyway, “Kartina Digital” is entitled to compensation of 30% of the sales price, subject to further deductions for damage or wear and tear. This compensation will be deducted from the purchase price. The subscriber is free to prove that less damage has occurred. Revocation is also excluded if electrical devices have been unscrewed, unless this is necessary for normal use of the devices, or if the device guarantee seal has been broken.
5.3. The purchase price will be refunded within 14 days of receipt of the cancellation.
5.4. If the subscriber makes use of his right of withdrawal, Kartina Digital GmbH has a right of retention with regard to the purchase price. As long as the subscriber cannot prove that the goods have been returned or until these have been received by "Kartina Digital", "Kartina Digital" can refuse to refund the purchase price.
5.5. The subscriber has to bear the costs of the return.
§6. Delivery terms
6.1. The goods are delivered by sending them from the warehouse to the delivery address provided by the subscriber.
6.2. If the subscriber chooses to pay in advance, the goods will be reserved for the subscriber upon acceptance of the contract, but will only be sent after the amount of money has been received on the "Kartina Digital" bank account. The subscriber is therefore asked to take this into account when ordering and to assure the agreed advance payment duly in time.
6.3. As soon as the subscriber has chosen to pay in advance and the amount has not been credited to the “Kartina Digital” bank account within 14 days, “Kartina Digital” can withdraw from the contract. As far as "Kartina Digital" adheres to the contract, the delivery times stated at the time of the order no longer apply.
6.4. Average delivery time for the goods is 14 days.
§7. Transport damage
If products and goods are delivered with obvious transport damage, the subscriber is asked to complain immediately to the supplier and to contact "Kartina Digital" by email (email@example.com). The subscriber helps to enforce the claims of "Kartina Digital" against carriers and transport companies. Failure to submit a complaint or contact "Kartina Digital" will void the warranty.
§8. Credit check, Schufa clause
8.1. In the context of the legally permissible and taking into account the respective interests of the subscriber worthy of protection, data may be exchanged with SCHUFA to check creditworthiness.
8.2. The subscriber agrees that "Kartina Digital" makes his data provided to "Kartina Digital" as part of the subscription initiation and the processing of the subscription contract (personal data and account, credit or bank card details) available to SCHUFA Holding AG ( "SCHUFA") transmitted for the purpose of credit checking. Irrespective of this, "Kartina Digital" also transmits data to SCHUFA due to non-contractual behavior (e.g. amount due after termination, withdrawal, credit or bank card misuse). According to the Federal Data Protection Act, these reports may only be made if this is permissible after weighing up all the interests concerned.
8.3. SCHUFA stores and transmits the data for credit inquiries to its contractual partners in the EU. SCHUFA's contractual partners are primarily credit institutions as well as credit card and leasing companies. In addition, SCHUFA also provides information to commercial, telecommunications and other companies that provide services and deliveries against credit. SCHUFA provides address data to identify debtors. When providing information, SCHUFA can also provide its contractual partners with a probability value calculated from its database for assessing the credit risk (score method). The data will only be made available if a legitimate interest in it has been credibly demonstrated. Of course, all personal data will be treated with strict confidentiality and issues worthy of protection will be strictly considered in accordance with legal requirements.
§9. Cancellation, term and automatic renewal
9.1. The "Kartina Digital" membership runs automatically until the subscription is canceled.
The subscription has an initial monthly or annual term, as specified when subscribing to the “Kartina Digital” service. The term is automatically extended by the length of the initial term, provided that the subscription is not in accordance with § 9.2 or is terminated by "Kartina Digital" in accordance with § 9.4.
The subscriber can cancel the subscription to the "Kartina Digital" service at any time before the subscription period expires and will continue to have access to the service for the remaining duration of the subscription period. Starting point of ime of termination is the receipt of the termination by "Kartina Digital".
As long as the subscriber does not cancel his contract, he agrees that the contract fee for the subsequent billing period will be debited from his payment method.
9.2. The cancellation of the subscription must have been received by "Kartina Digital" in text form (letter, fax, e-mail).
Notice of termination should be sent to:
Kartina Digital GmbH, Rheingaustraße 53, 65201 Wiesbaden, Germany
Fax: +49 (0) 611 88 096 20
Refusal to accept delivery or non-use of deliveries and services does not constitute termination.
9.3. If the subscriber cancels his membership, access to the "Kartina Digital" service is automatically closed at the end of the current billing period.
9.4. "Kartina Digital" can terminate the subscription at any time and without notice for important reasons during the respective contract period. There is an important reason for "Kartina Digital" if
a) with regard to the subscriber, an application is made to initiate insolvency proceedings,
b) the subscriber uses the services of "Kartina Digital" with fraudulent intent, violates criminal regulations, other legal provisions or common decency or there is a corresponding urgent suspicion,
c) there are other important reasons, including death of the subscriber.
9.5. The right to extraordinary termination remains unaffected.
§10. Retention of title
10.1. The goods remain the property of "Kartina Digital" until they have been paid for in full.
10.2. Prior to the transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal or redesign without the express consent of "Kartina Digital" is not permitted.
10.3. "Kartina Digital" retains ownership of the goods until all claims of the seller against the subscriber from the business relationship, including future claims, including those from contracts concluded at the same time or later, have been settled. If the subscriber does not meet his payment obligations despite a reminder, the subscriber is obliged, at the request of "Kartina Digital", to return the goods in a usable condition, in their original packaging, to "Kartina Digital" at their own expense. The goods are then examined, damage and compensation in the amount of 30% of the sales price as well as reminder fees and default interest must be borne by the subscriber despite the return of the goods. If the subscriber does not comply with the request to return the goods within the set period and does not pay the purchase price including reminder fees and default interest, the offense of embezzlement is fulfilled. This is expressly pointed out.
§11. Treatment of the goods, maintenance, access, disruption
11.1. The subscriber undertakes to treat the goods carefully and appropriately. He is liable for damage that can be traced back to improper handling, unauthorized tampering with the goods or other culpable behavior on his part or, with his approval, from third parties.
11.2. The subscriber is obliged not to rectify faults and damage himself, but to inform Kartina Digital about them immediately. If the goods are sent to "Kartina Digital" or a company commissioned by "Kartina Digital" for repair and if the defects, damage or other changes or deterioration of the goods are not material defects, which are statutory warranty claims or guarantee claims against the manufacturer, trigger, the necessary fees incurred for cost estimates, repairs and similar costs are to be reimbursed by the subscriber to "Kartina Digital".
12.1. In the event of material and legal defects in the delivered goods, "Kartina Digital" is liable in accordance with the applicable statutory provisions, in particular §§434 ff. BGB. The subscriber's claims against "Kartina Digital" in the event of defects are based on the statutory provisions within the statutory deadlines, insofar as the following regulations do not result in deviations. The legal warranty period is currently two years.
Before the defective goods are sent in for the purpose of supplementary performance, the subscriber must first report the damage to the “Kartina Digital” service center on the telephone number +49 69 84 84 540 or by email Versand@kartina.tv. If the defect occurs within the first 14 days after receipt of the goods, defective goods can be picked up free of charge for repair or exchange. In order to arrange a free of charge collection of the goods within the 14-day period, the subscriber must apply to the “Kartina Digital” service center.
After the 14-day period has expired, the return costs must be borne by the subscriber.
The returned goods must be accompanied by a fully and correctly filled out return form. The goods must be returned in their original packaging. No other type of return will be accepted.
12.2. Damages caused by improper or non-contractual measures by the subscriber during installation, connection, operation or storage do not justify any claim against "Kartina Digital". The inappropriateness and lack of conformity are determined in particular according to the information provided by the manufacturer.
12.3. If the subscriber is an entrepreneur and the ordered service is provided for his business, his claims in the event of defects expire one year after receipt of the goods.
12.4. "Kartina Digital" basically has the repair of defective goods as part of its service content. However, it is at the discretion of "Kartina Digital" to fulfill its obligation to perform by exchanging the defective goods. The exchange takes place with a new or refurbished device (replacement device). A technically at least equivalent device from other series or manufacturers can also be granted as a replacement device.
If the repair of the device can no longer be carried out due to economic or actual impossibility, it is also at the discretion of "Kartina Digital" to fulfill its obligation to perform by exchanging the device (replacement device).
"Kartina Digital" guarantees to repair the defective goods or to deliver a replacement device to the subscriber within 14 days of receipt.
The repair or delivery time does not interrupt the contract period.
12.5. "Kartina Digital" is not liable for the faults of third parties. If the subscriber has difficulties with his internet provider and therefore cannot receive internet television from "Kartina Digital", this is the fault of the respective internet provider. The subscriber cannot make any claims against "Kartina Digital", e.g. reimbursement of the monthly basic fee, renewal of the subscription for the time of the failure, etc.
§13. Software products
13.1. The subscriber accepts these license terms with the first use of the software package. The software products will stay the intellectual property of the licensor. All of the product names, brand names and logos mentioned on the website belong to the manufacturers of the subscriptions and goods on offer. When utilizing delivered systems, property rights to which third parties are entitled must be observed.
13.2. In addition, the provisions on claims due to defects of the respective software manufacturer apply. The subscriber must first try to obtain the assumption of the software manufacturer's claims out of court.
13.3. The subscriber is obliged to protect himself appropriately against data loss. Since the new installation of software, but also the modification of the installed software, entails the risk of data loss, the subscriber is obliged to take precautions against data loss by means of a comprehensive data backup before reinstalling or changing the installed software.
§14. Liability of "Kartina Digital"
14.1. "Kartina Digital" and its legal representatives or vicarious agents are fully liable for intentional or grossly negligent breaches of duty. Otherwise, "Kartina Digital" is only liable in the event of simple negligence in the event of a breach of an essential contractual obligation, limited to the foreseeable risk typical of the contract. "Kartina Digital" is not liable for any loss of data by the subscriber.
14.2. Excluded from this are claims for damages of the subscriber from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as cases of damage with pure financial losses, the Telecommunications Customer Protection Ordinance applies.
§15. Subscriber Liability
15.1. The subscriber is liable for improper use of the services, violations of these general terms and conditions or contractual obligations, insofar as he is responsible for them.
15.2. The subscriber releases "Kartina Digital" from all claims that third parties may assert due to the negligent behavior of the subscriber due to the violation of their rights in connection with this contract. The subscriber bears all legal defense costs incurred as a result. The subscriber is obliged to enable "Kartina Digital" to ward off claims by third parties at the subscriber's expense.
§16. Offsetting prohibition
16.1. The subscriber is not entitled to offset his own claims against payment claims by "Kartina Digital" unless the subscriber's claims are undisputed or have been legally established.
16.2. The subscriber is not entitled to counter payment claims from "Kartina Digital" rights of retention - including from notices of defects - unless they result from the same contractual relationship.
§17. Transfer of contract
17.1. The subscriber is prohibited from transferring his rights and obligations under the contract with "Kartina Digital" to a third party. In the event of a violation of this contractual obligation, "Kartina Digital" is entitled to take legal action against the subscriber.
17.2. "Kartina Digital" may transfer its rights and obligations from the contract in whole or in part to third parties (debt collection companies, legal advisers, etc.).
§18. Data protection
18.1. The data processing takes place in accordance with the applicable General Data Protection Regulation (GDPR) and the Telemedia Act(TMG).
18.2. "Kartina Digital" observes the legal provisions of the General Data Protection Regulation, the Teleservices Data Protection Act and strictly other legal data protection provisions.
§19. Applicable law, place of performance and place of jurisdiction
19.1. The law of the Federal Republic of Germany applies exclusively to the terms and conditions, excluding the UN sales law.
19.2. The place of performance for all obligations is Wiesbaden, Germany.
19.3. In the event of a legal dispute, both contracting parties first undertake to reach an agreement out of court. If the subscriber is a merchant, legal entity under public law or public law special fund, Wiesbaden is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
§20. Severability clause
Should one or more of the above conditions be or become wholly or partially ineffective, unenforceable or incomplete, this shall not affect the validity of the other provisions.
The parties are obliged to replace ineffective, unenforceable or incomplete provisions with one that, as far as legally possible, comes closest to what the parties would have wanted according to the original meaning and purpose of the ineffective, unenforceable or incomplete clause if they had intended and would have considered or known the ineffectiveness, impracticability or incomplete nature of the regulations.
As of October 1st, 2020