Preamble

Definitions

• SMOLNY MEDIA, Rosenbergweg 7a, CH- 6300 Zug (hereinafter referred to as “SMOLNY MEDIA”)
• www.titelschutz.ch and all subpages of this website; linked pages to other URLs are not considered subpages. (hereinafter referred to as “titelschutz.ch”)
• End customer of titelsschutz.ch (hereinafter referred to as “Customer”)
• Additional offer via anonymous entry, certificate, and research (hereinafter referred to as “additional service”)

With titelschutz.ch, SMOLNY MEDIA offers a platform where customers can have SMOLNY MEDIA place a title protection notice on their behalf. In addition, as an additional service, customers can have their title protection notice registered anonymously, have a certificate issued for the placement of the title protection notice, and have SMOLNY MEDIA conduct a preliminary search to determine whether the title to be registered is already protected or in use. The search is not legally binding.

A fee is payable upon placing the order. The amount of this fee is listed for the respective additional service at titelschutz.ch.

In principle, protection of a title arises as soon as external use begins. The title protection notice serves to secure priority in time and enables title protection even before use begins.

It should be noted that use must take place within a reasonable period of time after publication of the advertisement.

• 1 Provider and scope of application

1. The provider and operator of titelschutz.ch is SMOLNY MEDIA, Rosenbergweg 7a, CH – 6300 Zug.
2. The General Terms and Conditions apply to all persons who make use of EVG's services.
3. These Terms and Conditions apply regardless of whether the customer is a consumer or an entrepreneur.
4. Titeleschutz.ch is intended exclusively for customers who are at least 18 years of age.
5. The contract language is German.
6. Other terms and conditions shall not apply unless SMOLNY MEDIA expressly agrees to them in writing.

• 2 Order processing at titelschutz.ch

1. Simply using the option on the SMOLNY MEDIA homepage to register a title protection notice or additional service (anonymous entry, certificate, and/or research) does not constitute a legally binding application to conclude a contract. This is a non-binding invitation to request the offer of a title protection notice or additional service.
2. To complete a title protection notification correctly and in full, the customer must fill out the form provided on titelschutz.ch.
3. As soon as the customer clicks on the “Protect title” button, the customer instructs SMOLNY MEDIA to place a title protection notice.
4. Immediately after clicking the “Protect title” button, the customer will receive an automatically generated email confirming receipt of the order (confirmation of receipt).
5. The order shall only be accepted by express declaration of SMOLNY MEDIA, unless acceptance is declared at the same time as confirmation of receipt.
6. A contract is concluded at the latest upon confirmation of successful ad placement by email.
7. If it is not possible to place an advertisement, SMOLNY MEDIA will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded. SMOLNY MEDIA will inform the customer accordingly. The data provided by the customer will be deleted immediately.

• 3 Booking the additional service

1. The legally binding order for the additional service offered on titelschutz.ch is placed by clicking on the respective product and submitting the order by clicking on the “Buy now” button.
2. The receipt of the order will be confirmed immediately by an automatically generated email.
3. The order shall only be accepted by express declaration by SMOLNY MEDIA, unless acceptance is declared at the same time as confirmation of receipt.
4. A contract is concluded at the latest upon delivery of the ordered product.
5. If delivery of the product is not possible, SMOLNY MEDIA will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded. SMOLNY MEDIA will inform the customer of this and immediately refund any payments already received.

• 4 Price information, terms of payment

1. All prices listed on titelschutz.ch are gross prices including statutory value added tax. The respective products are shipped free of charge.
2. The type of payment method available is based on the payment options listed on titelschutz.ch.
3. The customer's performance when ordering the additional service, namely payment of the purchase price, is due immediately.

• 5 Right of withdrawal

1. If the customer placing the order is a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to commercial or self-employed professional activity), they are entitled to a right of withdrawal in accordance with the statutory provisions.
2. A right of withdrawal is excluded, if the service is provided and paid for immediately upon conclusion of the negotiations and the fee to be paid by the consumer does not exceed EUR 40.00/CHF (gross) and/or if the order or the additional service ordered is based on an individual selection or specification by the customer or is clearly tailored to the customer's personal needs.

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract or from the date on which you or a third party designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us,

SMOLNY MEDIA
7a Rosenberg Road
CH- 6300 Zug

Email: beratung@smolnymedia.com

by means of a clear statement (e.g., a letter sent by mail, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which  on which we received notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.  

You must return or hand over the goods to us (SMOLNY MEDIA) immediately and in any case no later than fourteen days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

In the case of a contract for the provision of services:

If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Sample withdrawal form

If you wish to cancel the contract, please fill out this form and return it to us.

To

SMOLNY MEDIA
7a Rosenberg Road
CH- 6300 Zug

Email: beratung@smolnymedia.com

I/we (*) hereby revoke the contract concluded by me/us (+) for the purchase of the following goods (*) the provision of the following service (*)

Ordered on (+)/ received on (+):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for paper notifications)

date

End of the cancellation policy

The customer waives their right of withdrawal.,

1. if the order involves the delivery and provision of data in digitally produced form,
2. the customer expressly agrees that the execution of the contract may begin before the expiry of the withdrawal period, and
3. the customer has confirmed their awareness that, by giving their consent, they lose their right of withdrawal once the contract has begun to be executed.

• 6 Rights and obligations

1. SMOLNY MEDIA collects the customer's personal data required for the conclusion of the contract. The data is recorded via titelschutz.ch.
2. SMOLNY MEDIA may, on the basis of the data collected in paragraph 1, send the customer information about new products or information related to the product ordered by the customer after conclusion of the contract. The customer may object to this right of SMOLNY MEDIA at any time in writing (e.g., by email) to SMOLNY MEDIA. If the customer exercises this right of objection, SMOLNY MEDIA will immediately cease sending information to the customer.
3. By commissioning the publication of a title protection notice, the customer agrees that the notice may also be published on the relevant social media channels (e.g., Facebook, Twitter, etc.).
4. By commissioning the publication of a title protection notice, the customer also agrees that it may be archived.
5. SMOLNY MEDIA is not obliged to store the title protection notice or other customer data for the purpose of filing after the end of a calendar year or to retain it in any other form. Customers are therefore advised to store the title protection notice on a suitable electronic medium.

• 7 Liability

1. The customer is responsible for the content of the information they provide. The information entered in the input mask at titelschutz.ch for the display of the title is not checked.
2. SMOLNY MEDIA is not liable for incorrect information provided by the customer when filling out the form on titelschutz.ch.
3. The customer has no right to a correction and/or amendment of the advertisement due to careless mistakes, spelling errors, or other incorrect information. SMOLNY MEDIA shall decide at its sole discretion and on a goodwill basis whether a correction and/or amendment to a title protection advertisement will be made.
4. SMOLNY MEDIA is also not liable if the title to be registered is already protected. It is therefore advisable to have SMOLNY MEDIA carry out a preliminary search. However, the information provided after the search has been carried out is not legally binding.
5. SMOLNY MEDIA shall be liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
6. In other cases, SMOLNY MEDIA shall only be liable – unless otherwise specified in paragraph 3 – for breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer could regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, liability is excluded, subject to the provision in paragraph 3.
7. Liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
8. SMOLNY MEDIA endeavors to provide all information on titelschutz.ch in a timely manner and free of errors. However, no guarantee can be given as to the accuracy and completeness of the information provided.
9. The availability of data communication via the Internet cannot be guaranteed at all times. SMOLNY MEDIA therefore accepts no liability for the availability of titelschutz.ch or the services or products offered at any time, nor for any downtime.
10. SMOLNY MEDIA also accepts no liability for the unauthorized acquisition of the customer's personal data by third parties, provided that SMOLNY MEDIA is not responsible for this.
11. The above exclusions and limitations of liability also apply with regard to the liability of SMOLNY MEDIA's employees, workers, staff, representatives, and vicarious agents.

• 10 Exclusion of the filing of a title protection notice

SMOLNY MEDIA rejects title protection notices whose content discredits racial discrimination or discrimination against other ethnic groups, genders, religions or worldviews, disabilities, age or sexual identity. The same applies to title content that violates a standard relevant to protection.

• 11 Termination of the contract

The contract ends with the publication of the title protection notice. In the event of a contract being concluded for the provision of services, the termination of this contract is governed by the statutory provisions.

• 12 Rights of use

SMOLNY MEDIA is the copyright holder of all images, texts, and/or graphics published on titelschutz.ch. Without prior written consent, reproduction, distribution, and/or editing, even in part, is expressly reserved by SMOLNY MEDIA.

• 13 Data protection

1. The customer's personal data is handled in accordance with the relevant data protection laws, telemedia laws, and other relevant legal data protection provisions.
2. All data collected within the scope of contract execution (inventory data) and data generated during use (movement data) are collected, stored, and used for the purpose of contract fulfillment and billing. Further use is in accordance with § 7 (2).

• 14 Changes to the Terms and Conditions

SMOLNY MEDIA is entitled to amend these General Terms and Conditions at any time, provided that this does not affect essential provisions of the contractual relationship and is necessary to adapt to developments that were not foreseeable at the time the contract was concluded and whose non-consideration would significantly disrupt the balance of the contractual relationship. In addition, changes may be made to close regulatory gaps that have arisen after the conclusion of the contract, such as changes in legislation or changes in case law.

• 15 Final provisions

1. The law of the Swiss Confederation applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zug.
2. The EU Commission has set up an online platform for online dispute resolution (ODR platform). The ODR platform is available at http://ec.europa.eu/consumers/odr/ accessible.
3. The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.