Terms and Conditions
1. Definitions, Scope of Application
1.1. The following Online Shop Terms and Conditions apply to the use of the Online Shop at www.pantavision.com as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by the GGWK Medical Tech UG, Mulackstr. 3, 10119, Berlin, represented by Ulrich Grupp and Markus Knittig, Mulackstr. 3, 10119 Berlin, owner and distributer of the Brands and trademarks Pantavision and Pantavision Digital Diagnostics, henceforth “Pantavision”.
1.2. As used in these TERMS AND CONDITIONS, the term “Customer” shall refer to users of the Online Shop and to buyers of digital products at the Online Shop.
1.3. Any terms of business laid down by the Customer which diverge from these TERMS AND CONDITIONS shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Pantavision has expressly confirmed same in writing.
2.1. In the Online Shop, Pantavision offers content modules (consisting of images, image-stacks, annotations texts and further description, henceforth “modules”), texts, electronic books (including individual chapters thereof, if available) (henceforth called “eBooks”), and for sale as well as non-renewing access for a limited period of time to packages of modules, eBooks, and/or ePaper arranged by subjects and specializations. The specific items and prices or subscription terms can be gathered from the details provided in each case at the Online Shop.
2.2. After placing an order, Customers receive an email with subscription information (password) and the content becomes available.
2.3. The Customer will be granted access to Module after his or her respective order by access to the URL www.pantavision.com.
3. Technical Requirements for Using Digital Content
3.1. For using digital content and in particular for reading and storing the eBooks, ePapers, and Pantavision Modules, the Customer needs normal Internet access and a program for viewing documents in Electronic Format.
4. Use of the Online Shop
4.1. Customers intending to place orders at the Online Shop need to provide the requested minimal information for the checkout.
4.2. The fundamental requirement for registering is that the Customer is of age and that he or she has full legal capacity.
4.3. The personal data requested during registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
4.4. By sending off the completed registration form, the Customer is submitting a proposal to conclude an agreement purchasing content. Subsequently, the Customer receives a confirmation email containing his or her personal access data. This confirmation email constitutes Pantavision’s acceptance of the Customer’s proposal. In this way, an agreement on the use of the content is formed.
4.5. Pantavision is entitled to turn down individual registrations for the Online Shop without stating any reasons.
4.6. If the Customer purchases access to a Pantavision Module, this Agreement shall include the use of Pantavision to extent necessary for access to the Pantavision Module purchased by the Customer.
5. Purchase of and Subscription to Content
5.1. The Customer has the option of ordering individual issues of certain Modules, eBooks or ePapers by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
5.2. By clicking on the “Buy now” button, the Customer submits a proposal to conclude the relevant contract. Pantavision accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Pantavision is under no obligation to accept the Customer’s proposal. Pantavision’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
5.3. The Customer does not have withdrawal right
• when purchasing single copies of online Modules via Pantavision.com.
5.4. The right of withdrawal expires for ePapers, eBooks, and Pantavision Modules if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
5.5. Except as described in 5.3, the Customer has the following withdrawal right:
For purchase contracts of licenses as well as subscriptions of online access to ePapers, eBooks, and Pantavision Modules the following shall apply:
Instruction on withdrawal:
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 of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Pantavision | GGWK Medical Tech UG, Mulackstr. 3 10119 Berlin) 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.
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. 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.
You shall send back the goods or hand them over to us 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. 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.
For a template for the withdrawal, please find the proposed attachment below.
6. Delivery and Fulfillment
6.1. Modules, eBooks and/or ePapers and other content are delivered in Electronic Format. For delivery purposes, the Customer can access the modules by logging in into the My Pantavision section of the Pantavision homepage.
6.2. Access to Pantavision Modules is granted by activating the Pantavision Module purchased by the Customer on Pantavision. The Customer may access the Pantavision Module via direct log-in on Pantavision.
6.3. Pantavision reserves the right to discontinue distributing content in the event of any violation of copyright or for other important reasons.
7. Licensing Periods and Licensing
7.1. Licenses of Pantavision Modules are normally issued for two years starting with the conclusion of the contract. They will not be automatically renewed and cannot be terminated before the end of the subscription period. In case the Module description states another duration, this duration will prevail.
7.2. Nonetheless, both parties reserve the right to terminate a subscription with immediate effect for grave cause. Notice of any such termination must be in writing.
8. Prices, Terms of Payment
8.1. The prices for the individual goods are stated in the respective presentation of each item (module, ebook, etc.). Pantavision reserves the right to offer special prices and to alter prices according to marketing or sales activities. For the contract, the price displayed at the moment of checkout in the online shop is the determining price. Later alterations will not affect the purchase. This only applies to fixed and/or lump sum prices.
8.2. The subscription prices for Modules may increase or decrease during the term of the agreement on use. Any such price change shall not affect a subscription already taken out. However, if the Customer wishes to actively renew a subscription in the Online Shop, the subscription price then in force shall apply for the renewed subscription.
8.3. All the prices quoted in the Online Shop include German statutory turnover tax at the rate in force at the time.
8.4. Unless otherwise agreed, payment one-off retrieval of an Module, eBook or ePaper, or for a subscription, including subscriptions of Pantavision Modules must be made in advance and shall fall due for payment immediately on completion of the order.
8.6. The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wishes hard-copy invoices to be sent, Pantavision may charge a separate fee for this.
8.7. If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, Pantavision shall be entitled to block the Customer’s access to Pantavision and, if applicable, to Pantavision, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
9. Rights of Use for Digital Content
9.1. Purchased digital content shall be delivered to the Customer by making the eBook or ePaper available on Pantavision.
9.2. The Use of Modules, eBooks or ePapers is permitted only for the Customer’s own purposes and the cases allowed by copyright law. If the Customer accesses or downloads digital content, the file may be stored on the end device used by the Customer personally. The following in particular are not permitted: making unauthorised additional copies, in particular on end devices or media to which third parties have access; adapting digital content, and publishing or exploiting the item thus made; passing on digital content to third parties, or making it available to the public (including intranets). The above rules apply to digital content in its entirety as well as any part that is protected by copyright (individual chapters/articles, photographs, diagrams etc.).
9.3. Pantavision reserves the right to mark the Customer’s modules, eBook or ePaper with the Customer’s name and eMail address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, Pantavision reserves the right to mark the module eBook or ePaper and individual content items by other means that are not necessarily evident to the Customer. Finally, Pantavision reserves the right to equip the module, eBook or ePaper with technological protection measures to prevent any acts infringing copyright and any other infringements of intellectual property rights.
9.4. Pantavision reserves the right to block or forbid the Customer’s access to the retrieval of his or her module(s), eBook(s) or ePaper(s) or access to digital contend that has already been downloaded if the Customer has acted in breach of Clause 9.2 above.
9.5. Clauses 9.1 through 9.4 apply to Pantavision Modules accordingly. Furthermore the usage rights to all digital contented that has been downloaded from a Pantavision Module shall end as soon as the respective subscription expires. After that the data may not be used any longer and must be deleted by the Customer; also Pantavision may block access to that data.
10. Warranty and Liability
10.1. Pantavision shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
10.2. Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardises attainment of the very purpose of the contract.
10.3. If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
10.4. In all other respects, liability towards Pantavision and Pantavision’s vicarious agents – for whatever cause in law – is hereby ruled out.
10.5. Where damages sustained by the Customer result from loss of data, Pantavision shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.
11. Terminating the Account
11.1. The Customer may give notice terminating the agreement on use Modules at any time. Notice may be sent by email to email@example.com or declared in writing and sent by telefax or post.
11.2. After the agreement on use has terminated, the Customer shall no longer have any access to Pantavision, and shall therefore no longer be able to access any Content. Unused amounts under an on-going license or subscription shall not be refunded.
11.3. Both parties reserve the right to give extraordinary notice for grave cause.
12. Contract Document
12.1. Pantavision makes no provision for separate contract documents based on these TERMS AND CONDITIONS. Pantavision therefore will not store “the contract document” that specifically relates to the Customer personally. When logged in to Pantavision, the Customer will see the subscriptions of Modules.
13. Data Protection
14.1. If the Customer is a registered trader, a public corporation or a special trust managing public assets, Berlin shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Pantavision and the Customer. In such event, Berlin shall be deemed to have been agreed as the place of performance.
14.2. The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of the Federal Republic of Germany or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
14.3. German law shall apply exclusively. Any application of CISG is hereby ruled out.
14.4. If any provision of these Online Shop Terms and Conditions is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.
Appendix I Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To PANTAVISION | GGWK Medical Tech UG, Mulackstr. 3 10119 Berlin
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.
You find a printable version of these Terms and Conditions here.