Terms and Conditions
TERMS FOR A SUBSCRIPTION TO THE RED BULLETIN / RED BULL MEDIA HOUSE GMBH (STATUS: JUNE, 13TH 2014)
1. Scope of Validity
The following General Terms and Conditions are valid for the business relationship between Red Bull Media House GmbH, Oberst-Lepperdinger-Straße 11-15, 5071 Wals near Salzburg, Austria, (hereinafter: RBMH) and the customer, if the customer is a consumer within the meaning of §1 KSchG [Consumer Protection Act].
2. Terms and conditions
You will receive the magazine at the current subscription price for the initial minimum subscription period (one-year, two-year subscription or a short-term, introductory or trial subscription), following which the subscription will be renewed automatically on an annual basis. The subscription fee is payable in advance. The price adjustments (reductions / increases) during the initial subscription period do not affect the initial subscription price but apply starting with the next billing date. Please note: the subscription price comprises the following costs (personnel, materials, paper, printing, delivery, electricity, fuel costs, etc), as well as fees and taxes. Costs, fees, taxes that change by objectively justified factors that are not within the control of RBMH will be reflected in corresponding changes (increases or decreases) in the subscription price. The minimum subscription period begins with the month in which payment is due. If delivery is interrupted, the minimum subscription period is extended by the duration of the interruption. If payment is delayed, RBMH is entitled to suspend or cease delivery. The delivery of a subscription order begins upon receipt of payment. The contract text is not stored by us and cannot be accessed after completing the ordering process. However, you can print order data immediately after you submitted the order.
3.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
To exercise the right of withdrawal, you must inform us
Red Bull Media House GmbH
PO Box 1363
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. In the event that the payment method of the original transaction for the repayment is not available, the repayment will be made by bank transfer to a bank account you specify.
You shall send back the goods or hand them over to us
Red Bull Media House GmbH
PO Box 1363
without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
For your benefit, we do not state the obligation to return. Therefore, you may waive from the return of the goods.
If you make use of our offer of the return waiver, you will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3.3 Special Note
The right of withdrawal shall not exist for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
3.4 Model withdrawal form (for download: www.getredbulletin.com/uk/terms-and-conditions)
(complete and return this form only if you wish to withdraw from the contract)
Red Bull Media House GmbH
PO Box 1363
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
4. Cancellation Terms
The subscription may be cancelled in writing at the end of the minimum subscription period and annually thereafter, subject to a four-week notice period prior to the last day of the month. In case of late cancellations, the subscription period will be extended by one year according to the currently applicable terms.
Payment can be made via invoice, credit card and SEPA direct debit. To pay by SEPA direct debit, you hereby authorise RBMH or one of its affiliated companies to collect payments to be made by you by debit to your account on the due date using a recurring SEPA direct debit; such authorisation may be revoked. The bank maintaining your account is hereby also authorized to honour the direct debits. It is also entitled to return direct debits, especially if the account does not contain sufficient funds. You have the right to order the funds posted back to your account within 56 calendar days (8 weeks) after the debit date without stating a reason. Since you are informed of the amount and debit dates, you waive corresponding prenotification before the direct debits are executed; such waiver may be revoked. Please ensure that the account contains sufficient funds.
6.1 Deliveries shall be made to the delivery address specified by the customer.
6.2 If delivery or another service is permanently impossible due to force majeure, a performance obligation on our part shall be excluded. Any payments already received shall be refunded forthwith.
6.3 The delivery of the first magazine takes place within max. 4 weeks upon receipt of the order, unless a deviating delivery start date has been agreed.
In case of defects of the delivered goods, the statutory warranty rights shall apply.
9.1 Any compensation claims are excluded in cases of minor negligence. This restriction does not apply for injury to life, body and health.
9.2 Personal liability of the legal representatives, vicarious agents and employees of RBMH shall be excluded.
10. Governing Law
The order and any litigation resulting from the order and from order processing shall be governed by Austrian law. The exclusive venue shall be Vienna - Inner City.
11. Severance, Written Form
11.1 Should individual provisions of these Terms and Conditions be or become ineffective or invalid in whole or in part, the effectiveness of the remaining Terms and Conditions shall not be prejudiced. The ineffective or invalid provisions shall be replaced by the statutory provisions.
11.2 Any amendments to these General Terms and Conditions must be made in writing.
11.3 These General Terms and Conditions are available in English and German. In the case of any divergence between the two versions, the German version shall prevail.