General Terms and Conditions for Deliveries and Services of zb Media GmbH

  1. Scope
    1. The product offering in our online shop is exclusively for customers who are over 18 years of age and are considered entrepreneurs in the sense of § 14 Abs. 1 BGB. These General Terms and Conditions (GTC) apply to all deliveries from the website “Historiathek”, a brand and web presence of zb Media GmbH, (hereafter “zb Media”) and for services provided by zb Media to customers.
    2. We also provide our services exclusively to business customers in accordance with 1.1.
    3. Any inclusion of General Terms and Conditions from companies and entrepreneurs as customers that contradict our General Terms and Conditions is hereby expressly rejected.

The current, valid version of our General Terms and Conditions can be found at this link on our website https://zb-media.com/agb/

  1. Definitions
    1. Licensed Material: Digitalized image material (photo or film material) licensed by zb Media to the customer; regardless of whether such licensed material is protected under copyright or other legal provisions or if such protection does not exist or no longer exists (public domain, public availability).
    2. Third Party Rights: Rights of third parties related to works appearing in the licensed material (including any music, works of architecture, monuments, sculptures), personal rights of depicted persons, as well as trademark, name, and company rights appearing in the film material.
  1. Services
    2. Zb Media offers the following services, which the customer can commission separately in a scope to be determined in each individual case:
    3. Consulting services for projects in film production and services in the field of archiving, storing, and licensing film and image material;
    4. Researching film material in international archives and private sources. Research assignments are billed based on time spent. We are not liable for the success of the conducted research and thus are not responsible for providing proof or procuring the image or film material desired by the customer;
    5. Researching holders of third-party rights and obtaining (against payment) consent for the customer’s intended use of rights on the customer’s account;
    6. Delivering the licensed material in the agreed type and quality. The licensed material is considered accepted by the customer if written material complaints are not received by zb Media within two weeks.
    7. Insofar as the services are provided for a fee, this will be communicated to the customer before commissioning the service. The respective fee will be agreed separately.
    8. Zb Media may interrupt and time-limit the provision of services. Insofar as the services are provided for a fee, this can only occur for reasons of public safety and to perform essential operational work and to reduce disruptions; zb Media will take into account the interests of the customer as far as possible.
  1. Contractual Partner
    The purchase contract is made with zb Media GmbH, Dahlienweg 12, 82237 Wörthsee, Trade Register: Local Court of Munich, HRB 134408, represented by the Managing Director Stephan Bleek.

  2. Conclusion of Contract
    1. The presentation of products in the online shop of Historiathek does not represent a legally binding offer, but only an invitation to order.
    2. Durch Anklicken des Buttons [Kaufen/kostenpflichtig bestellen] geben Sie eine verbindliche Bestellung der auf der Bestellseite aufgelisteten Waren ab. Ihr Kaufvertrag kommt zustande, wenn wir Ihre Bestellung durch eine Auftragsbestätigung per E-Mail unmittelbar nach dem Erhalt Ihrer Bestellung annehmen.
  3. Prices and Shipping Costs
    1. The prices stated on the product pages are net prices and do not include the applicable statutory VAT and, if necessary, the respective processing and delivery costs.
    2. In addition to the listed prices, we charge a processing fee of a flat rate of 6.90 euros per order for delivery. The shipping costs will be clearly indicated on the product pages, in the shopping cart system, and on the order page.
  1. Use by Third Parties

Rights and obligations from agreements between zb Media and the customer can be transferred to third parties in the sense of contractual transfer only with the express written consent of zb Media.

  1. Delivery
    1. The delivery is carried out by download.
    2. Any differing delivery methods using data carriers are to be agreed separately.
  1. Fees

We communicate any arising fees at the time of commissioning. This applies

  1. Fees for consulting services,
  2. Fees for research,
  3. Fees for the delivery of preview materials or ordered licensed material depending on the desired delivery method,
  4. Fees for obtaining permits and consents according to item 3.1.
  1. Payment
    1. The fees and expenses due to Zb Media as well as any fees for third-party rights become due for payment upon invoicing, unless a later due date has been expressly agreed in writing.
    2. Payment is made online either by credit card (via the Paypal system) or Paypal.
    3. The customer can only offset claims against Zb Media or claims collected by Zb Media with undisputed or legally established counterclaims.
    4. Objections to invoices must be raised in writing directly to Zb Media. If no objections are raised within six weeks from receipt of the invoice statement, invoice, payment, or collection of the invoice amount, the invoices are considered accepted.
    5. For chargebacks due to incorrect account information, insufficient account coverage, or other causes within the customer’s responsibility, Zb Media charges a processing fee of 20.00 Euros per direct debit plus the bank fees charged to Zb Media for the chargeback.
    6. If the customer falls into arrears with the settlement of due claims, these will accrue interest at 8% per annum above the ECB base rate from the entry of delay. Zb Media may charge a processing fee of 20.00 Euros for the dunning process.
    7. If the customer is acting not on their behalf but for a third party, both the customer and the third party are liable to Zb Media as joint debtors for any payment obligations.

  2. Retention of Ownership
    The license material remains our property until full payment is made, and no usage rights are transferred.

  3. Warranty
    1. Unless expressly agreed otherwise, your warranty claims are governed by the legal provisions of purchase law (§§ 433 ff. BGB) with the following modifications:
    2. Only our own statements are binding for the condition of the goods. The image material offered by us is historical recordings and due to technical reasons, they may not match today’s quality standards in sharpness and resolution. Therefore, the images and film clips are always provided “as is” without any warranty for defects and Zb Media is not liable for any particular quality.
    3. For defects in the digital scans not attributable to the image quality of the original material, we provide warranty either by rectification or replacement delivery (subsequent fulfilment) at our discretion.
  1. Liability

We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.

Otherwise, the following limited liability applies: For slight negligence, we are only liable for the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the damages foreseeable at the time of the contract’s conclusion that typically have to be expected. The liability limitation also applies to our vicarious agents.

  1. Data Protection

Personal data of the customer is only collected, processed, or used if the affected person has consented or a legal provision mandates or permits it. Further details are regulated by the data protection policies published on our websites (link)

  1. Final Provisions

Should one or more provisions of these terms and conditions be invalid or become so, the validity of the other provisions and the contractual relationship is not affected. In place of the invalid provision, an appropriate regulation shall apply which – within the legally permissible framework – most closely approximates the intended purpose of the invalid provision.

Amendments and supplements to all contractual agreements require the written form. This also applies to the waiver of the written form requirement.

German law applies to all contractual relationships, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”).

Munich is the exclusive place of jurisdiction and performance

© zb Media 2016-2020