sogos GmbH operates the online portal www.vanlifejournal.com - hereinafter referred exclusively as "vanlife-journal" - on the basis of the following terms and conditions. These terms and conditions apply to all commissions, orders and use agreements between sogos GmbH and all users/customers, including any future processes, commissions or transactions, which may be concluded without any explicit references to these terms. Please understand that we shall have to reject any deviating terms and conditions of the contractual partner/user, and that we can only accept deviating terms if we have expressly stated our written consent in advance.
1. MAGAZINE AND SHOP
1.1. conclusion of Contract: The product offers on vanlife-journal are non-binding and do not yet constitute a binding offer for sale. For the conclusion of the contract see 3.1. of the General Conditions.
1.2. right of withdrawal: Consumers have a 14-days right of withdrawal. The following withdrawal instructions therefore only apply to consumers.
Notice about right of withdrawal
Withdrawal instructions in case of delivery of products
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period elapses fourteen days after the day on which you or a third party duly designated other than the carrier, has taken possession of the last delivered product.
To exercise your right of withdrawal, you must inform us (sogos GmbH, Friesenstr. 130, 46149 Oberhausen, Germany, Fon:20708903/80294+, Fax: 95776047/80294+, E-Mail: moc.lanruojefilnav@ofni) by means of a unambiguous notice (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached withdrawal form, but this is not mandatory.
In order to exercise withdrawal timely, it is sufficient that you submit the notice before the expiry of the revocation period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice a delivery method other than standard delivery), immediately and no later than 14 days from the day we receive notice of your withdrawal. Unless expressly agreed otherwise with you, we will use the same means of payment you used for the original transaction for this refund; in no event will you be charged any fees for processing the refund. We may refuse to refund until we have received the goods back or until you can prove that you have sent the goods our way, whichever is earlier.
You must send or hand over the goods to sogos GmbH, Friesenstr. 130, 46149 Oberhausen, Germany without undue delaty and in any case within fourteen days from the day on which you have informed us about withdrawal. The deadline is met if you submit or hand over the products before expiration of the mentioned 14-days period.
Goods that cannot be sent by parcel post shall be collected by us.
We bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the condition, characteristics and functioning of the goods.
The right of withdrawal does not apply in the following cases:
- contracts for the delivery of newspapers, magazines or periodicals, with the exception of subscription contracts.
Withdrawal instructions for the regular delivery of goods over a fixed period (subscription contracts)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period elapses fourteen days after the day on which you or a third party duly designated other than the carrier, has taken possession of the product delivered first.
To exercise your right of withdrawal, you must inform us (sogos GmbH, Friesenstr. 130, 46149 Oberhausen, Germany, Fon:20708903/80294+, Fax: 95776047/80294+, E-Mail: moc.lanruojefilnav@ofni) by means of a unambiguous notice (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You may use the attached withdrawal form, but this is not mandatory.
In order to exercise withdrawal timely, it is sufficient that you submit the notice before the expiry of the revocation period.
Effects of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice a delivery method other than standard delivery), immediately and no later than 14 days from the day we receive notice of your withdrawal. Unless expressly agreed otherwise with you, we will use the same means of payment you used for the original transaction for this refund; in no event will you be charged any fees for processing the refund. We may refuse to refund until we have received the goods back or until you can prove that you have sent the goods our way, whichever is earlier.
You must send or hand over the goods to sogos GmbH, Friesenstr. 130, 46149 Oberhausen, Germany without undue delaty and in any case within fourteen days from the day on which you have informed us about withdrawal. The deadline is met if you submit or hand over the products before expiration of the mentioned 14-days period.
We bear the costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the condition, characteristics and functioning of the goods.
End of notice about right of withdrawal
1.3. delivery: The indicated delivery periods are not binding delivery dates or fixed dates, unless they have been expressly designated as such.
1.4. shop prices: For the calculation of the total value of an order including packaging and shipping, the prices and shipping costs stated on the last order page before placing the order always apply. The prices contain the applicable statutory value-added tax in Germany. For deliveries outside the EU, additional customs duties, taxes and charges may apply. Please contact your customs office for more information.
1.5. The price is due upon conclusion of the contract. Regarding the payment, the customer has the choice between the payment methods offered in the ordering process. These methods are also listed in the shop. The delivered products remain the property of sogos GmbH until full payment has been received.
In addition, 3. general terms and conditions apply.
2. Inspiration Gallery TERMS OF USE
In the Inspiration Gallery we, the sogos GmbH, offer you the possibility to upload your own photos to the Internet, to rate other photos and to comment them. By using this service, you agree to the terms.
Responsibility of users: We only provide the infrastructure for the publication of third-party contributions and are therefore not liable for content published by users of the Inspiration.Gallery. The contents published by the users are not checked. Therefore, please note that you as a user are responsible for ensuring that the contents of your contributions are lawful and, in particular
- do not infringe the copyrights and usage rights of third parties. You may only transfer contributions to which you have exclusive copyright or the sole and comprehensive right of use.
- do not violate the personal rights of third parties. Persons depicted on the photos must have expressly agreed to the publication, unless statutory exceptions apply.
- do not contain any advertising.
- are not pornographic, liable to corrupt minors, racist, offensive, defamatory or otherwise illegal
2.2. Copyright/ rights of use: By transferring the contributions to our servers, you declare that you have the right to use the content. At the same time, you grant sogos GmbH the right to use your digital photographs. This right of use includes the worldwide unlimited right to copy, distribute and make publicly available within the Internet offer of the Inspiration Gallery and on social media platforms such as facebook and instagram. This right of use is granted free of charge. You may revoke the right of use at any time. We will then immediately take technical precautions to terminate the use. Even if the individual work cannot usually be called up directly anymore, we ask for your understanding that the works may still be visible in different contexts up to six months later.
2.3. Violation of third party rights: If third parties assert the violation of their rights through content published by you, we initiate a complaint procedure. Furthermore, you commit to make your utmost effort to support us in managing such claims and in particular to indemnify us from all claims asserted by third parties due to the infringements of rights based on your contributions.
2.4. Data backup: Please note that we do not back up the transmitted data and are therefore not liable for any data loss.
In addition, 3. general terms and conditions apply.
3. GENERAL TERMS AND CONDITIONS
3.1. conclusion of contract: All offers on vanlife-journal are non-binding and do not yet constitute a binding contractual offer. You can place your order via the Internet, by e-mail, by fax or in writing. Your order is a binding offer. For checking your order, you will first receive a confirmation of receipt, which you have to confirm to us. The contract for the selected articles/services comes into effect when we accept your offer by the then following confirmation or by the execution of the service, more specifically by the shipment of the goods.
Prices and payment: Unless otherwise stated in the individual offer, prices do not include packaging and shipping, but include statutory value added tax. Before placing your order, you will usually receive a summary of prices and shipping costs on the last order page. Otherwise the price lists of sogos GmbH valid at the time of the order shall apply.
The total amount is due upon conclusion of the contract. If the contract is concluded by written confirmation and nothing to the contrary has been agreed, the services of sogos GmbH shall be rendered after advance payment has been received. If the contract is concluded by sending the goods, the total amount is due upon receipt of the goods at the latest. The customer is in default without further explanation within 30 days after receiving the invoice.
The customer is only entitled to set-off if the claims are legally established or undisputed. A right of retention can only be asserted on the basis of a counterclaim from the same contractual relationship.
3.3. delivery: Deliveries are made to the delivery address specified by the customer. Obvious defects are to be reported immediately in writing, in the case of externally visible defects and damages immediately to the deliverer.
3.4. warranty: Please check the delivered goods immediately after receipt for obvious damages or defects. If the delivered goods are defective, please contact us immediately.
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
The following applies to entrepreneurs: If the delivered item is defective, we shall in the first place at our discretion either remedy the defect (rectification) or deliver a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of fatal injury, physical injury or impairment to health
• in the event of intentional or grossly negligent breach of duty or malice
• in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and whose fulfilment the contractual partner may regularly rely on (cardinal obligations)
• within the scope of a guarantee promise, if agreed upon
• if the product liability act is applicable
Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop.
sogos GmbH reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against the operator are generally excluded, provided that there is no intentional or grossly negligent fault on the part of the operator. It is impossible for us to control the contents of direct or indirect references to external Internet pages (links) lastingly and continuously. We therefore assume no liability for the external Internet pages. Should you discover any infringements of the law on our pages, please contact us immediately.
3.5. liability: For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in the event of fatal injury, physical injury or impairment to health
• in the event of intentional or grossly negligent breach of duty
• within the scope of a guarantee promise, if agreed upon
• if the product liability act is applicable
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and whose fulfilment the contractual partner may regularly rely on (cardinal obligations) due to slight negligence by us, our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
Any further liability due to delays is excluded. A liability for the misuse of data of the contracting parties by third parties who have made the data available to themselves against the will and through no fault of the provider is excluded. If liability is limited or excluded according to the above regulations, this also applies to the employees, organs and vicarious agents of sogos GmbH.
3.6. copyrights and trademarks: We endeavour to observe the copyrights of the photos, graphics, sound documents and texts used in all publications. If you notice a picture or contribution in our offers that violates copyrights, trademark rights, personal rights or other rights, please contact us directly. We clarify these questions fast and simple. This applies in particular to the Inspiration Gallery, where we offer users the opportunity to post their own photos on the Internet. These are external contents, unless expressly indicated otherwise.
All contents of the vanlife-journal Internet pages are protected by copyright. All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respectively registered owners. The copyright for published objects created by vanlife-journal itself belongs exclusively to sogos GmbH. Duplication or use of such photos, texts, graphics, sound documents in other electronic or printed publications is not permitted without the express consent of sogos GmbH.
3.7. final provisions: We expressly reserve the right of ownership and copyright to all documents provided to the customer in connection with the placing of the order. These documents may not be made accessible to third parties unless we give our express consent to the customer/user/contractual partner.
All offers and orders of sogos GmbH are subject to German law. The UN Convention on the International Sale of Goods is excluded.
Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.
If the customer/contractual partner is not a consumer, the place of jurisdiction for claims arising from the contractual relationship shall be Oberhausen (Germany), as well as for contractual relations with foreign countries.
Declarations, amendments and supplements to the contract must always be made and agreed to in writing. This also applies to changes to this clause.
