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Terms and conditions

  1. Scope
  2. Parties, finalization of contract, correction options
  3. Contract language 
  4. Scope of services
  5. Refusal of service  
  6. Consequences of refusal of service 
  7. Shipping and time of shipping  
  8. Payment  
  9. Cancellation 
  10. Consequences of cancellation 
  11. Editorial responsibility and indemnity  
  12. Transfer of rights
  13. Guarantee
  14. Liability 
  15. Pricing and conditions 
  16. Final provisions  

Terms and conditions

  1. Scope
    (1) For the business relationship between mondo tribe GmbH and the customer with regard to our mail order store, these terms and conditions of business shall apply in their current version at the time of the customer’s order, also in addition to any agreement on terms of use. 
    (2) These terms and conditions as well as our offer of services apply exclusively to entrepreneurs according to § 14 BGB (German Civil Code), which defines entrepreneurs as follows: An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
    (3) Consumers, according to § 13 BGB (German Civil Code), which states: A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity; cannot claim our services and cannot place a valid order with us.
    (4) Contradictory, differing or supplementary terms and conditions of the customer shall not become part of the contract unless their validity has been expressly agreed to by us. Our terms and conditions shall apply even if we perform our services without reservation despite our knowledge of terms and conditions of the customer differing from or conflicting with our terms and conditions.
  1.  Parties, conclusion of contract, correction options
    (1) The presence of the mail order store on the website is not a binding offer by mondo tribe GmbH. Rather, the customer is given the opportunity to configure a shipping order himself with the selection and insertion options. By clicking the “Add to shopping cart” button on our website, the customer can place the created shipping order in the shopping cart without any obligation. By placing it in the shopping cart, mondo tribe GmbH creates a binding offer for the conclusion of a shipping order.
    (2) The customer can correct his entries at any time before acceptance of the shipping order by using the correction tools provided and explained for this purpose in the order process.
    (3) The contract – shipping order – is finalized by activating the order button “Buy now”. After placing the order, the customer will receive a confirmation by e-mail to the e-mail address specified by himself.
    (4) This order confirmation is the acceptance of the order by mondo tribe GmbH. In this case, the shipping contract consists of the shipping order placed with the customer’s order as well as these terms and conditions.
  1. Contract language  
    (1) The languages available for the conclusion of this contract: English and German  
  1. Scope of services
    (1) The commercial purpose of mondo tribe GmbH is the advertising and the referral of orders for typical PR services and a prior assessment of their quality in accordance with journalistic standards.     
    (2) The order is delivered digitally to the target countries and industries selected by the client when the contract is signed. The content may include texts, images and PDF formats. The content will not be checked for errors in terms of content, grammar, form, style and logic unless separately agreed in writing.
    (3) By entering into the contract, the customer grants mondo tribe GmbH permission to deliver the PR services according to the specifications they requested.
    (4)The content provided by the customer to mondo tribe GmbH upon conclusion of the contract will in principle be made freely available by mondo tribe GmbH to third parties.
    (5) Seven days after rendering of the PR service, a report will be sent to the customer. The report will include the email open rates as well as the click rates of the attached media (for example, press releases in PDF format or images).
    (6) Optional services:
    (6.1) Additional language versions: For each PR service contract, two translations of the provided content can be added. mondo tribe GmbH does not check the accuracy of the translation and is not liable for any translation errors. If the content of the translation differs from the original version, mondo tribe GmbH reserves the right to reject the order or to charge the full booking price to for the rendering of the service for the translation.  
    (6.2) Clipping: At 14-and 30-day intervals and a total of two times after the booked after the booked date of the PR service (e.g. sending out a press release), the media recorded in the monitoring tools we use will be scanned for publications of the content provided by the customer. The receipts for the published content will be sent to the customer by e-mail. Print receipts are sent in PDF format and online receipts in the form of a collection of links (PDF format) by e-mail. This service includes print and online media in German-speaking countries and online media internationally.   
    (6.3) Editing and proofreading: Checking the content provided by the customer and specified in the Language version field as 1 during the ordering process for grammatical, formal, stylistic and logical errors as well as the uniformity of names and terminology in one language version. This does not include a fact check of the content. The maximum number of characters for this service is 3000 including spaces. This does not include a fact check of the content.  
    (6.4) Personally contacting the five most industry-relevant media: One representative of each of the five most industry-relevant media will be individually contacted by e-mail or telephone. With a personal approach, the representatives will be offered the content provided by the customer for publication. If a publication is secured and mondo tribe GmbH receives a copy of the publication, this will be sent to the client by e-mail.  
  1. Refusal of service  
    (1) Even after the order has been confirmed, mondo tribe GmbH reserves the right to refuse rendering the PR service if the quality of the content provided for shipment does not meet journalistic standards, is unethical or degrading, or violates the rights of third parties. It will be likewise refused to dispatch the content that, in the sole discretion of mondo tribe GmbH, is defamatory, misleading, offensive, obscene, or otherwise potentially damaging to the reputation of mondo tribe GmbH or could be perceived as spam by recipients. 
    (2) The right to assess the above mentioned factors is reserved by mondo tribe GmbH.  
  1. Consequences of denial of service  
    (1) If the quality of the content provided for dispatch does not meet journalistic standards, the customer who placed the order will subsequently be contacted. If no further agreement can be reached between the customer and mondo tribe GmbH, or if the customer cannot deliver the content in a quality that meets journalistic standards, the order will be refunded to the customer minus a processing fee of €50.  
  1. Time frame of services to be rendered
    (1) Rendering of the services will always take place on workdays between the hours of 09:00 and 17:00 (GMT+1) and no earlier than 24 hours after the conclusion of the contract.    
  1. Payment  
    The following payment methods are available on our website:  
    1. SEPA Direct Debit
      By submitting your order, you grant us a SEPA direct debit mandate. We will inform you about the date of the charge to your account at least one bank business day in advance (known as a prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays in Germany and December 24 and 31 of each year. The account shall be charged before the shipment of the items. 
    2. PayPal
      In order to pay the invoice via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and confirm the payment instruction.The payment transaction will be carried out by PayPal immediately after placing the order. You will receive further instructions during the ordering process.   
  1. Cancellation
    (1) The customer is free to rescind the legally binding shipping order as long as The client is free to withdraw from the bindingly placed service order as long as the service has not yet started to be rendered.
      
  2. Consequences of cancellation 
    (1) If the cancellation occurs no later than 24 hours before the booked date of services to be rendered and on working days (Monday to Friday), the amount of the order will be refunded to the customer’s account minus a processing fee of 30 €. 
    (2) In the case of a cancellation within 24 hours of the booked date of services to be rendered, mondo tribe GmbH reserves the right to retain a fixed fee in the amount of 200 €. The cancellation must be submitted in writing by e-mail.  
  3. Editorial responsibility and indemnification 
    (1) The editorial liability of the contents provided for dispatch lies with the customer. mondo tribe GmbH assumes no liability for the information and content provided by the customer to be used in accordance with the contract and approved for the purpose of PR services.   
    (2) The PR services are rendered in the name of and on behalf of the customer. The customer shall be liable for any infringement of rights resulting from the publication of the information provided for dispatch.  
    (3) The contents provided for the purpose of PR services must be free of third party rights or the necessary rights must be provided by the customer. The rights with respect to third parties are to be obtained by the customer prior to the conclusion of the contract.
    (4) The customer is obliged to state the name of the copyright holder of any images, graphics and illustrations submitted with the order. If no information on the author or copyright is provided, mondo tribe GmbH will name the customer as the holder of the copyright when rendering the PR services. The customer shall indemnify mondo tribe GmbH for the costs of claims made by third parties as a result of incorrect information about the holder of the rights, as well as for expenses incurred in connection with claims for damages that mondo tribe GmbH pays to the holders of the rights, with or without conducting legal proceedings.
    (5) The customer guarantees that the contents or their publication do not violate the laws in force or the legal provisions in the countries of dispatch or infringe the rights of third parties, neither in terms of content nor in their presentation.  
    (6) The customer must indemnify mondo tribe GmbH against any claims by third parties resulting from contractual use of the contents or from the intended use of the contents by its recipients, or compensate mondo tribe GmbH for any damages – including the costs of appropriate legal defense against any legal claims by third parties that may arise.   
  4. Transfer of rights
    (1) Upon conclusion of the contract, the customer grants mondo tribe GmbH all rights of use necessary to fulfill the PR contract, including the right to make the content available for further distribution, to grant necessary sublicenses to further distributors, and other rights necessary for fulfillment of the order.  
    (2) All necessary information and evidence, such as image rights and the name of the creator as well as restrictions on the rights of use, must be provided by the client along with the content when the contract is concluded.   
  5. Guarantee 
    (1) The service provided by mondo tribe GmbH is limited to mediation and ensuring the execution of the PR service contract (e.g. establishing or informing media contacts). mondo tribe GmbH gives no guarantee for publication or placement of the content in the media that are included in the distribution lists.
  6. Liability 
    (1) mondo tribe GmbH shall not be liable for disruptions of service for which it is not responsible and which occur due to or as a consequence of force majeure.  
    (2) mondo tribe GmbH shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other subcontractors, insofar as this does not involve a breach of material contractual obligations. Essential contractual obligations are the obligations to provide the service in a timely manner as well as advisory obligations that should enable the customer to receive the service as stipulated in the contract.  
  7. Pricing and conditions 
    (1) The current list prices of mondo tribe GmbH shall apply to all orders, unless otherwise agreed.   
    (2) Processing fees will be charged for cancellations – for more information, see 9. Cancellation.
  8. Final provisions
    (1) Place of fulfillment of all obligations arising from this contract is Speyer on the Rhine. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts shall also be Speyer on the Rhine.
    (2) All disputes arising in connection with the use of the mail order store services, regardless of the legal reason, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding all provisions of conflict of laws that refer to another jurisdiction. The application of the U.N. Convention on Contracts for the International Sale of Goods is excluded as a precautionary measure.
    (2) Should individual provisions of these terms and conditions be invalid or void, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid or void provisions with such valid provisions that come as close as possible to the economic purpose intended by the parties. The same shall apply if there is an unforeseen gap in the general terms and conditions of use. 
    (3) Until its claims have been settled in full, mondo tribe GmbH shall have a right of retention to all documents provided by the customer for the purpose of fulfilling the order. The documents shall be surrendered upon request. This shall not apply to correspondence between the contracting parties and to simple copies or backup copies of photographs, graphics, layouts, reports, drafts and drawings, etc., provided the customer has retained the originals. Any obligation on the part of mondo tribe GmbH to retain documents shall expire six months after termination of the contractual relationship.
    (5) The contractual partners undertake to treat all information of the other contractual party and its representatives as well as the companies associated with them or having a business relationship with them that becomes known to them through the cooperation as confidential during and after the termination of the contract. A corresponding obligation shall also be imposed on the employees and commissioned companies.