Online Sales Contract

AGB – NetStream Europa s.r.o. (Intermediary) / Digiturk Europa GmbH (Service Provider)

Note: NetStream Europa s.r.o. acts exclusively as an intermediary between customers and Digiturk Europa GmbH. The service and content contract is concluded exclusively between the customer and Digiturk Europa GmbH.

The following General Terms and Conditions (GTC) apply to all orders placed in our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business or profession.

These GTC shall also apply to future business relations with entrepreneurs, without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Intermediary Role and Conclusion of Contract

Through our online shop, customers can order subscriptions, packages and services relating to the reception of Digiturk programmes. In doing so, NetStream Europa s.r.o. acts exclusively as an intermediary.

The contractual service provider for all programme content, IPTV packages and digital services is:

Digiturk Europa GmbH

By submitting an order via our online shop, no service contract for programme content is concluded between the customer and NetStream Europa s.r.o. The customer submits an offer to enter into a contract with Digiturk Europa GmbH. NetStream Europa s.r.o. forwards this order as an intermediary.

NetStream Europa s.r.o. owes exclusively:
– the brokering of the contractual relationship
– administrative/commercial processing (order, receipt of payment, customer communication)

The provision of all content, programmes, technical services or IPTV services is carried out exclusively by Digiturk Europa GmbH in accordance with its GTC:
https://www.digiturkplay.com/kullanim-kosullari

3. Delivery Conditions

In addition to the stated product prices, shipping costs are added. Further details regarding the amount of shipping costs can be found in the individual offers.
We deliver only by dispatch. Unfortunately, collection of the goods in person is not possible.

4. Payment

The following payment methods are available in our shop:

Advance payment (Vorkasse)
Only available on request!

Credit card
Your credit card will be charged upon completion of the order.

PayPal
You pay the invoice amount via the online provider PayPal. As a rule, you must be registered there or register first, identify yourself with your login details and confirm the payment instruction to us (exception: guest access, if available). Further information is provided during the order process.

SOFORT bank transfer (SOFORT Überweisung)
We also offer SOFORT bank transfer. In this case we receive the credit of the transfer immediately. This speeds up the entire order process. All you need is your account number, bank sort code, PIN and TAN. Via the secure, for merchants not accessible, payment form of SOFORT GmbH, SOFORT bank transfer automatically initiates a transfer from your online bank account in real time. The purchase amount is transferred directly and immediately to the merchant’s bank account. When you choose SOFORT bank transfer as payment method, a pre-filled form opens at the end of the order process. This already contains our bank details. In addition, the transfer amount and purpose of use are already displayed in the form. You then need only select the country in which you hold your online banking account and enter the bank sort code. Afterwards, you enter the same data you use when logging into online banking (account number and PIN). Confirm your order by entering the TAN. Directly afterwards you will receive confirmation of the transaction. In principle, any internet user can use SOFORT bank transfer as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that SOFORT bank transfer is not yet available with a small number of banks.

5. Right of Withdrawal – Termination

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal information. No voluntary right of withdrawal is granted to entrepreneurs.

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us

NetStream Europa s.r.o
Digiturk Euro Bayii – 38600100
Komenského 22, 945 01 Komárno / Slovensko
Telephone: +43 1 236 22 48
E-mail address: [email protected]

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we must reimburse you for all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to the above address without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking the quality, characteristics and functioning of the goods.

Termination (Cancellation)
Please complete the termination form in full at least 2 months before the end of the contract term and send it to our e-mail address or by post.

E-mail address: [email protected]
Address: Komenského 22, 945 01 Komárno / Slovensko
Telephone: +43 1 236 22 48

Right of Withdrawal – Contract Renewal

Do you wish to exclude the right of withdrawal for entrepreneurs?
No

What do you offer in your shop?
Services

What withdrawal period would you like to grant your customers?
14 days

Please enter here your name, address, telephone number and e-mail address and, where applicable, your fax number.

Name: NetStream Europa s.r.o
Street and house number: Komenského 22
Postcode and town/city: 945 01 Komárno
Country: Slovensko
E-mail: [email protected]
Telephone: +4312362248

Do you grant the consumer the option to complete and submit their withdrawal electronically on your website?
No

Do you offer your shop customers an instalment payment option via a third-party provider?
No

Do you offer services in your shop that are excluded from the right of withdrawal?
No

Can the right of withdrawal expire prematurely because the consumer gives their express consent by ticking a checkbox?
No

Right of Withdrawal – Digital Content (IPTV)

Do you wish to exclude the right of withdrawal for entrepreneurs?
No

What do you offer in your shop?
Services

What withdrawal period would you like to grant your customers?
14 days

Please enter here your name, address, telephone number and e-mail address and, where applicable, your fax number.
Name: NetStream Europa s.r.o
Street and house number: Komenského 22
Postcode and town/city: 945 01 Komárno
Country: Slovensko
E-mail: [email protected]
Telephone: +4312362248

Do you grant the consumer the option to complete and submit their withdrawal electronically on your website?
No

Do you offer your shop customers an instalment payment option via a third-party provider?
No

Do you offer services in your shop that are excluded from the right of withdrawal?
No

Can the right of withdrawal expire prematurely because the consumer gives their express consent by ticking a checkbox?
No

6. Retention of Title

The goods remain our property until full payment has been made.

For entrepreneurs, the following shall apply in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale in the amount of the invoice value, irrespective of any connection or mixing of the goods subject to retention of title with a new item, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves, insofar as you do not meet your payment obligations.

7. Transport Damage

If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

8. Warranty and Guarantees

The statutory liability for defects (warranty law) shall apply. Information on any additional guarantees that may apply and their precise conditions can be found in each case with the product and on special information pages in the online shop.

Customer service: You can reach our customer service at any time by e-mail: [email protected]

9. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

1. in the event of injury to life, body or health

2. in the event of intentional or grossly negligent breach of duty

3. in the event of guarantee promises, if agreed

4. insofar as the scope of application of the Product Liability Act is opened.

In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the foreseeable damage typical for the contract, which must typically be expected to occur.

Otherwise, claims for damages are excluded.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Intermediary Status / Service Provider (Additional Clarification)

NetStream Europa s.r.o. is not the provider or operator of the Digiturk services that can be ordered.
All service claims exist exclusively against Digiturk Europa GmbH.

11. Disclaimer of Liability

1. Content of the Online Offer

Digiürk Euro assumes no liability for the up-to-dateness, correctness and completeness of the information provided on our website. Liability claims against Digiürk Euro which relate to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of Digiürk Euro. All offers are non-binding and without obligation. Digiürk Euro expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement, or to discontinue publication temporarily or permanently.

2. Copyright and Trademark Law

Digiürk Euro endeavours in all publications to observe the copyrights of the images, graphics, sound documents, video sequences and texts used, to use images, graphics, sound documents, video sequences and texts created by itself, or to make use of licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned within the internet offer and, where applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark must not lead to the conclusion that it is not protected by third-party rights! The copyright for published objects created by Digiürk Euro itself remains solely with Digiürk Euro. Any reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of Digiürk Euro.

3. Data Protection

The use by third parties of contact data such as postal addresses, telephone and fax numbers as well as e-mail addresses published within the scope of the imprint or comparable information, for the purpose of sending information not expressly requested, is not permitted. Legal steps against the senders of so-called spam mails in the event of infringements of this prohibition are expressly reserved.

4. Google Adsense

This website uses Google Adsense, a web advertising service of Google Inc., USA (“Google”). Google Adsense uses so-called “cookies” (text files) which are stored on your computer and which enable an analysis of your use of the website. Google Adsense also uses so-called “web beacons” (small invisible graphics) to collect information. Through the use of web beacons, simple actions such as visitor traffic on the website can be recorded and collected. The information generated by the cookie and/or web beacon about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website with regard to the advertisements, compiling reports on website activity and advertisements for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties if required by law or insofar as third parties process this data on Google’s behalf. Google will in no case associate your IP address with other data held by Google. You can prevent the storage of cookies on your hard drive and the display of web beacons by selecting “do not accept cookies” in your browser settings (in MS Internet Explorer under “Tools > Internet Options > Privacy > Settings”; in Firefox under “Tools > Options > Privacy > Cookies”); however, we point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you agree to the processing of data collected about you by Google in the manner and for the purposes set out above.

5. Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics also uses “cookies”, text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored on a Google server in the USA. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties if required by law or insofar as third parties process this data on Google’s behalf. Google will in no case associate your IP address with other data held by Google. You can prevent the installation of cookies by setting your browser software accordingly; however, we would point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you agree to the processing of data collected about you by Google in the manner and for the purposes set out above.

6. Facebook

This website uses plugins of the provider Facebook.com, which are provided by the company Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA. Users of our website on which the Facebook plugin is installed are hereby informed that a connection to Facebook is established via the plugin, which results in a transmission to your browser so that the plugin appears on the website. Furthermore, data is forwarded to the Facebook servers by using the plugin, which contain information about your visits to our website. For logged-in Facebook users, this results in the usage data being assigned to their personal Facebook account. As soon as you, as a logged-in Facebook user, actively use the Facebook plugin (e.g. by clicking the “Like” button or using the comment function), this data is transmitted to your Facebook account and published. You can only prevent this by logging out of your Facebook account beforehand. Further information on the use of data by Facebook can be found in Facebook’s data protection provisions.

7. Legal Validity of this Disclaimer

This disclaimer is to be regarded as part of the internet offer from which reference was made to this page. If parts or individual formulations of this text do not, no longer or not completely comply with the applicable legal situation, the remaining parts of the document shall remain unaffected in their content and validity.