GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
(The following general terms and conditions also contain legal information about your rights according to the regulations on contracts in distance selling and electronic commerce).
1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. reservation of proprietary rights
8. warranty of quality and guarantee
9. liability
10. right of withdrawal
11. exclusion of the right of withdrawal
12. returns
13. return costs in case of revocation
14. storage of the contract text
15. data protection
16. place of jurisdiction, applicable law, contract language
1. scope of application
1.1 For the business relationship between
Publishing House MEIGA GbR Germany
Owner: Monika Berghoff and Hermann Haring
Waldsiedlung 15
14806 Bad Belzig
Germany
Tel: +49 (0) 33841-30538
Email: info (at) verlag-meiga.org
(hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 10.00 h to 12:00 h under the phone number +49-33841-30538 (if we are not there, please leave a message on the answering machine, we will call you back immediately) and by e-mail at info (at) verlag – meiga.org.
1.3 Consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise noted with the products. Apart from that, errors are excepted.
3. order process and conclusion of contract
3.1 The Customer can select products from the Seller’s range without obligation and collect them in a so-called shopping cart via the button – add to cart.
3.2 Subsequently, the customer can proceed to the completion of the order process within the shopping cart via the button – proceed to checkout.
3.3 Via the button – buy – the customer makes a binding offer to purchase the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time. Necessary data are marked with an asterisk (*).
3.4 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is not concluded until the seller has shipped or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.5 If the Seller allows payment in advance, the contract shall be concluded upon provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.
4. prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the Buyer on the shipping costs page and during the ordering process.
5. delivery, availability of goods
5.1 If no copies of the product selected by the Customer are available at the time of the Customer’s order, the Seller shall inform the Customer of this in the order confirmation. If the product is permanently not available, the seller refrains from a declaration of acceptance. In this case, a contract is not concluded.
5.2 If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If prepayment has been agreed, delivery will be made after receipt of the invoice amount.
6. payment modalities
6.1 The customer can choose from the available payment methods within the framework and before completion of the order process.
6.2 Payment by invoice is not possible.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
6.4 If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay default interest in the amount of 5 percentage points above the base interest rate.
6.5 The Customer’s obligation to pay default interest shall not preclude the Seller from claiming further damages for default.
6.6 The customer shall only have a right of set-off if its counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. retention of title
Until full payment, the delivered goods remain the property of the seller.
8. warranty for material defects and guarantee
8.1 The warranty shall be governed by the statutory provisions.
8.2 A guarantee exists for the goods delivered by the seller only if this was expressly given.
9. liability
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory requirements for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5 Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. right of revocation
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – by returning the goods. The period begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation is to be addressed to:
Publishing house MEIGA GbR Germany
Owner: Monika Berghoff and Hermann Haring
Waldsiedlung 15
14806 Bad Belzig
Germany
Tel: +49 (0) 33841-30538
Email: info (at) verlag-meiga.org
V.i.S.d.P: Monika Berghoff
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the benefits or the deterioration is due to handling of the item that goes beyond the testing of the properties and functionality. By “testing the properties and functionality” we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be shipped by parcel are to be returned at our risk.You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
11 Exclusion of the right of revocation
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.
12. returns
12.1 Customers are asked to notify the seller before returning the goods in order to announce the return.
Publishing house MEIGA GbR Germany
Owner: Monika Berghoff and Hermann Haring
Waldsiedlung 15
14806 Belzig – Germany
Tel: +49 (0) 33841-30538
Email: info (at) verlag-meiga.org
In this way they enable the seller to allocate the products as quickly as possible.
12.2 Customers are requested to return the goods to the Seller as a prepaid package and to keep the receipt of delivery. Upon request, the Seller will refund the postage costs to the Customer in advance, unless they are to be paid by the Buyer.
12.3 Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the Seller’s possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.
12.4 The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the right of withdrawal according to No. 10 of these GTC.
13. return costs in case of revocation
13.1 If the customer is a consumer, he shall bear the regular costs of return shipment in the event of revocation (cf. No. 10 of these GTC) if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the event of a higher price of the goods, the customer has not yet rendered consideration or a contractually agreed partial payment at the time of revocation.
13.2 Otherwise, the return shipment shall be free of charge for the customer.
14. storage of the contract text
14.1 The seller stores the contract text of the order. The GTC are available online. The Customer may print out the text of the contract before submitting the order to the Seller by using the print function of his browser in the last step of the order.
14.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. Furthermore, the Customer will receive a copy of the GTC with his order.
15. data protection
15.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the statutory provisions.
15.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process.
15.3 The Customer shall have the right to receive information free of charge upon request about the personal data stored by the Seller about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to retain data.
15.4 Further information about the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
16 Jurisdiction, Applicable Law, Contract Language
16.1 The place of jurisdiction and performance shall be the registered office of the Seller if the Purchaser is a merchant, a legal entity under public law or a special fund under public law.
16.2 The law of the Federal Republic of Germany shall apply. This shall not apply if mandatory consumer protection regulations conflict with such application.
16.3 The contractual language shall be German.