§ 1 General, Scope of General Terms and Conditions
1.1 All shipments and services of Fachverlag Hans Carl GmbH, Andernacher Strasse 33a, 90411 Nuremberg, Germany (hereinafter referred to as “carllibri”), shall be exclusively governed by the General Terms and Conditions set out below in the version valid at time of order. Any changes in Terms and Conditions will not be accepted unless agreed expressly in writing.
1.2 Customers in the context of these Terms and Conditions are both consumers and traders. Consumers in the context of these Terms and Conditions are natural persons who enter into legal contracts whose purpose cannot be regarded as commercial nor could it be deemed to constitute an activity as self-employed. Traders in the context of these Terms and Conditions are natural persons or legal entities or incorporated partnerships engaging in independent occupational or commercial activity upon entering into a legal contract with carllibri.
§ 2 Entering into contract, initiating contract
2.1 By ordering, you commit yourself to enter into a contract with us. We can accept this offer by sending you per e-mail an order confirmation within 24 hours after receipt of your order. The contract shall be deemed to have been entered into when such order confirmation is sent.
2.2 You can order by inputting all data required during the ordering process and then, under “3. Ordering”, send us the order form by clicking the “Finish order” button. Before finally sending off the order, you will have an opportunity of verifying data and order inputted and, if required, make changes. You can correct inputting errors by navigating backwards in the browser or cancelling the ordering process and starting it again. We will then send you a confirmation of the order by e-mail.
2.3. When ordering online in our online bookstore, the contract is concluded with:
Fachverlag Hans Carl GmbH, Andernacher Strasse 33a, 90411 Nuremberg, Germany, Phone +49 911 95285 0, Fax +49 911 95285 8142, E-Mail: firstname.lastname@example.org, Managing Director: Michael Schmitt, District Court Nuremberg HRB 17388, Value Added Tax Identification No. (USt-IdNr.) Germany DE 133 258 392.
§ 3 Storing the contract text
We store your order and order data inputted. We will send you an e-mail confirming your order, together with all order data. You have an opportunity to print out the order as well as the General Terms and Conditions before sending us the order. Using your customer account, you have access to orders that you placed at all times.
§ 4 Instruction on right of cancellation
Right of cancellation
You may revoke your contractual declaration
within 14 days in text form, without giving any reason (e.g. by letter, fax,
e-mail) or – if you received the goods before expiry of the term -
by returning the goods. The stated period shall commence upon receipt of this
instruction in text form, however, not prior to receipt of
goods by the consignee (in the case of recurring delivery
of similar goods, not before receipt of the first part delivery), nor before compliance with our obligation to furnish information
pursuant to § 246 Para 2 in conjunction with Para 1 Section 1 and 2
Introductory Law to the German Civil Code (EGBGB) as well as
our obligation pursuant to § 312 g Para 1 Sentence 1 German Civil Code
(BGB) in conjunction with § 246 Para 3 Introductory Law to the German Civil Code (EGBGB). The
timely sending of the cancellation notice or the return of goods shall be deemed sufficient for compliance with the deadline.
Cancellation must be sent to:
Fachverlag Hans Carl GmbH
Managing Director Michael Schmitt
Andernacher Strasse 33a
Fax +49 911 95285 8142
Registration Court Nuremberg, HRB 17388
Consequences of cancellation
In the event of valid cancellation, any services or goods provided, received by either party, shall be refunded and possible benefits derived (e.g. interest) shall be returned. If you are unable to return the goods received or services rendered and, if applicable, reimburse us for benefits derived (e.g. benefits obtained by way of use), either in whole or in part or only in a deteriorated state, you are obliged to compensate us accordingly. In the case of deterioration of the goods and benefits derived, you shall be obliged to compensate us only if the use or deterioration is attributable to any handling of the object that goes beyond inspection of properties and functions. “Inspection of properties and functions” is to be understood as testing and trying out the goods in question as would have been possible or usual in a retail outlet. Goods suitable for sending by parcel post should be returned to us at our risk. The cost of returning the goods shall be for your account if the delivered goods correspond to those ordered and if the price of goods to be returned does not exceed EUR 40 or where - in the event of more expensive goods - no consideration or a contractually agreed partial payment has been rendered at the time of cancellation. Otherwise, the return consignment is free of charge. Goods that are not suitable for sending by parcel post will be collected. Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of cancellation or the goods and, for us, following receipt of same.
End of the legal declaration of right of cancellation
A right of cancellation does not apply to distance
contracts for delivery of magazines unless the consumer has made his
intention clear to enter into the contract over the telephone.
If you are a trader pursuant to § 14 German Civil Code (BGB) and, on entering into the contract, you are acting in a business or self-employed capacity, no right of cancellation exists.
§ 5 Costs of return shipments
In the event of a cancellation in accordance with § 4, you will be responsible for the standard costs of return shipment if the delivered goods correspond to those ordered and if price of goods to be returned does not exceed EUR 40 or where, in the event the order value being higher, no consideration or a contractually agreed partial payment has been paid at the time of cancellation. In other cases, return shipments are free of charge for you.
§ 6 Prices and shipment costs
6.1 All prices include the German statutory value added tax plus shipment costs. We ship with DHL or another service provider of our choice.
6.2. A lump sum of EUR 3.90 is payable for shipments within Germany. Please go to http://www.carllibri.de/versandkosten for shipments abroad.
§ 7 Terms of delivery
7.1. We ship exclusively within Germany as well as to the countries listed under http://www.carllibri.de/versandkosten.
7.2. Unless stated otherwise in the offer, goods will be shipped within a period of 2 working days after receipt of payment. If delivery is against invoice, goods are shipped within 2 working days after sending order confirmation, unless stated otherwise in the offer.
§ 8 Payment conditions
8.1 Payment shall be made either by prepayment, by credit card (moneybookers, PayPal), against invoice or, within Germany, also by direct debit. We reserve the right to decline some methods of payment. When prepayment is chosen, we will quote our bank details in the order confirmation. The invoice amount has to be transferred to our account within 10 days. When selecting payment by credit card or by direct debit, your credit card or your account will be debited after sending order confirmation.
8.2 If you are a consumer, as soon as payment is delayed, interest at a rate of 5% above the base interest rate will be charged for the duration of the delay. If you are not a consumer, an interest rate of 8% above the base interest rate will be charged for the duration of the delay. We reserve the right to prove and assert a higher loss due to such delay.
§ 9 Warranty
9.1 If you are a consumer and place an order with carllibri for a purpose that cannot be regarded as commercial nor could it be deemed to constitute an activity as self-employed, the guarantee is in accordance with statutory provisions.
9.2 Should your order from carllibri be a commercial transaction, the following shall apply:
9.2.1 Customer has to inspect the goods immediately after receipt to the extent that this is feasible in the normal course of business. If a defect is found, we have to be informed thereof immediately. If the customer fails to report a defect, goods shall be deemed to have been accepted, unless the defect is one that could not be noticed during inspection. If such a defect becomes obvious at a later stage, it has to be reported immediately after having been noticed, goods will otherwise be deemed to have been accepted despite such defect. § 377 German Commercial Code (HGB) shall not be affected. Customer shall still be obliged to perform an inspection, even when trader seeks recourse pursuant to § 478 German Civil Code (BGB). If in such cases, trader does not immediately report a defect claimed by his customer, such goods shall also be deemed to have been accepted despite such defect.
9.2.2 In case of a defect, we shall be entitled to choose the remedy to be applied, taking account of the type of defect and the justified interest of the customer. In this type of contract, remedy shall be deemed to have failed after an unsuccessful third attempt. This stipulation does not apply when recourse is sought pursuant to § 478 German Civil Code (BGB).
9.2.3 In case of remedy, we shall be obliged to reimburse only expenses arising, in particular costs of transport, travel, labour and material, to the extent that they are not increased due to goods having been subsequently brought to a location other than customer's head office or branch office to which shipment was made. This stipulation does not apply when recourse is sought pursuant to § 478 German Civil Code (BGB).
9.2.4 Customer’s claims for defects including claims for damages shall become statute-barred after a period of one year. This does not apply when recourse is sought pursuant to § 478 German Civil Code (BGB), nor does this apply in cases governed by §§ 438 Section 1 No. 2 BGB and § 634a Para 1 No. 2 BGB. This shall also not apply to claims for damages based on injury to life, body or health or based on an act of gross negligence or willful neglect of duty by us or by our legal agents. Should § 438 I no. 2 b BGB (goods for construction works) apply, claims for defects on the part of contract parties shall become statute-barred after 2 years. Any and all claims for defects shall be excluded for sale of used goods.
§ 10 Service
If you have questions, want to lodge a complaint or a
claim, our Customer Service is available Monday to Thursday from 9.00 a.m. to 4.00 p.m. and Friday from 9.00 a.m. to 12.00 a.m.
Special book shop: Phone: +49 911 95285 -31, Fax: +49 911 95285 8142, email@example.com
Trade journals: Phone: +49 911 95285 -42 oder -29, Fax: +49 91195285 8142, firstname.lastname@example.org
§ 11 Applicable law, place of jurisdiction
11.1The law of the Federal Republic of Germany shall apply under exclusion of the provisions of the Convention of the United Nations concerning contracts for the international sale of goods.
11.2 If customers enter into the legal contract for a purpose that cannot be regarded as commercial nor could it be deemed to constitute an activity as self-employed (customer), this choice of legal domicile applies in as much as protection is not withheld through binding regulations of the law of the country in which customer is resident.
11.3 If customer is a merchant, a legal person under common law or a public law special fund, the place of jurisdiction for any disputes arising out of this contractual relationship shall be the court of jurisdiction for the head office of carllibri in 90411 Nuremberg/Germany.
§ 12 Miscellaneous
12.1 Contract languages are German and English.
12.2 Should one or more provisions of these General Terms and Conditions be invalid, the remainder of the contract will remain effective. If provisions are invalid, the contents of the contract shall be interpreted by statutory regulations.
Version September 2011