General terms and conditions of business

1. Validity

These general terms and conditions apply to the ordering of goods and services from the MediaMarkt range at https://media-markt-de.com/

These General Terms and Conditions do not apply to the download of digital content from www.mediamarkt.de.

Third-party providers can offer goods and services on the MediaMarkt marketplace, which is not operated by MMS E-Commerce GmbH, Media-Saturn-Str. 1, 85053 Ingolstadt. These general terms and conditions do not apply to the relationship between customers and third-party providers. When ordering from third-party providers, a contract is concluded directly between the customer and the third-party provider under the terms and conditions applicable between them. Offers from third-party providers are specially marked on the offer page.

2. Contracting party

(1) The customer’s contractual partner for orders from the MediaMarkt range on www.mediamarkt.de is:

MMS E-Commerce GmbH, Media-Saturn-Str. 1, 85053 Ingolstadt

Telephone: 0221/22 243-333

E-mail:sales@media-markt-de.com(hereinafter referred to as “MediaMarkt”).

(2) The sale of the MediaMarkt gift card takes place in the name and on behalf of Media-Saturn Deutschland GmbH, Media-Saturn-Str. 1, 85053 Ingolstadt (hereinafter referred to as “MSD”). The following terms and conditions apply:Terms of Use of the MediaMarkt Gift Card.

(3) Digital credit cards are sold only in the name and on behalf of the respective credit card provider. The terms and conditions of the respective provider displayed for the product apply to the redemption and use of the digital credit card.

3. Conclusion of contract

(1) The delivery area is Germany and Austria

(2) By clicking on the button “Continue and pay” the customer makes a binding offer to purchase the goods in the shopping cart and agrees to the validity of these General Terms and Conditions. Offers from third-party providers are subject to the agreements with the respective third-party provider.

(3) When ordering goods from the photo service, the customer gives MediaMarkt the order to produce images or articles with images (“photo products”) by sending image files.

(4) The order confirmation sent automatically after the order has been sent confirms the content and receipt of the customer’s order at MediaMarkt, but does not yet constitute acceptance of the customer’s offer. A contract with MediaMarkt is only concluded upon MediaMarkt’s declaration of acceptance, which is sent with a separate email (order confirmation or shipping confirmation).

(5) MediaMarkt will declare acceptance within five working days of receipt of the customer’s order. If MediaMarkt does not issue a declaration of acceptance within this period, the customer’s order has not been accepted by MediaMarkt.

If acceptance does not occur, MediaMarkt will always inform the customer by email that the order has not been accepted.

(6) If the customer purchases a mobile phone contract together with a mobile phone, the purchase contract for the mobile phone with MediaMarkt is concluded subject to the suspensive

Condition for the conclusion of the mobile phone contract with the mobile phone provider. If the mobile phone contract is not concluded and the customer already has the mobile phone in his possession, the customer is obliged to return the mobile phone immediately.

4. Availability of goods, reservation of self-supply

(1) If goods ordered from MediaMarkt are not available at the time of ordering, MediaMarkt reserves the right not to accept the order for the goods, so that no contract is concluded. The customer will be informed of this. Any payments already made will be refunded to the customer immediately.

(2) MediaMarkt is entitled to withdraw from the contract if, despite a corresponding hedging transaction having been concluded, MediaMarkt’s supplier does not deliver for reasons beyond MediaMarkt’s control. MediaMarkt will inform the customer of this immediately.

5. Collection and delivery

(1) When the order is delivered by MediaMarkt to a MediaMarkt store selected by the customer for collection, the customer will be notified when the order is ready for collection. The customer is obliged to collect the order within 7 days of receiving the notification. To collect the order, the customer must present the invoice, the order confirmation or the collection notification and an ID card with a photo issued by an authority that contains the customer’s registered address (e.g. identity card). If the customer does not collect the order after 7 days from receiving the first notification for collection, MediaMarkt reserves the right to withdraw from the purchase contract in order to minimize storage costs.

In this case, the customer will receive a credit for the purchase price paid in the form of the original payment.

(2) Goods ordered from MediaMarkt that are marked with “FSK 18” or “USK 18” in the product description can only be collected in person by the person ordering the goods, both when they are picked up at the MediaMarkt store and when they are delivered, upon presentation of an ID card with a photo issued by an authority that contains the customer’s registered address (e.g. identity card). Handing over to an authorized representative or delivery to a packing station is not possible for these goods.

6. Payment

(1) All prices on https://media-markt-de.com/ are in euros and include the applicable statutory value added tax.

(2) The customer may choose from the payment methods displayed at the end of the ordering process.

(3) MediaMarkt offers purchase on account for its own goods in cooperation with Zinia, but only to consumers. Zinia is a registered trademark of Open Bank SA, Plaza Santa Bárbara 2, 28004 Madrid, Spain (hereinafter “Zinia”). Payment is to be made to Zinia. The customer receives the goods first and has a payment period of 30 days. Zinia’s complete terms and conditions for purchase on account can be found athttps://www.zinia.com/deMediaMarkt does not charge any fees when purchasing on account with Zinia.

(4) The data entered will not be stored by MediaMarkt, but may be stored by the selected payment provider. The respective data protection provisions of the payment service provider apply.

(5) If payment against invoice is offered when ordering photo products, the invoice amount is due for payment within 7 days of delivery of the order or collection of the order at the MediaMarkt store.

(6) If a debit from the customer’s account by direct debit fails for reasons for which the customer is responsible, the customer must reimburse MediaMarkt for the bank processing fees resulting from the chargeback.

7. Financing at MediaMarkt

(1) If the customer chooses financing as a payment method, the customer’s corresponding loan agreement with one of our financing partners is concluded upon successful completion. Our financing partners are: BNP Paribas SA, Germany branch, Rüdesheimer Str. 1, 80686 Munich; Santander Consumer Bank AG, Santander-Platz 1, 41061 Mönchengladbach and Targobank AG, Kasernenstr. 10, 40213 Düsseldorf. During the ordering process, you will be informed which of our financing partners will finance your order.

MediaMarkt will not be the customer’s contractual partner for financing.

(2) After entering the customer’s data, the financing partner will provisionally check the customer’s creditworthiness based on the data entered and issue a provisional approval or rejection of the financing request during the ordering process. If the financing is provisionally approved, the customer must identify themselves. If the product is picked up in the store, this is done directly in the store; if the product is shipped, this is done via a web-based identification process (e.g. via the online identification process of WebID Solutions GmbH). The details of the necessary steps are communicated to the customer in the documents. The financing partner makes the final decision on the loan approval based on the information provided by the customer and the documents submitted.

(3) If the financing request is provisionally rejected by the financing partner, the customer can choose another payment method.

(4) MediaMarkt reserves the customer order placed at MediaMarkt until the financing partner has made a final loan commitment, for at least 7 days from the order. If the financing partner finally rejects the customer’s financing request or the customer does not complete the identification process within the reservation period, MediaMarkt will not confirm the customer’s order, meaning that no purchase contract for the goods will be concluded. The customer will be informed of this separately.

8. Retention of title

The goods delivered by MediaMarkt remain the property of MediaMarkt until full payment has been made.