§ 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 48, E-Mail: email@example.com, 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 Right of cancellation for consumers
The right of cancellation set out below applies only to consumers:
Instruction on right of cancellation
Right of cancellation
You have the right to cancel this contract within 14 days, without giving any reason.
The period of cancellation is 14 days and begins with the day on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of cancellation, you are obliged to notify us ((Fachverlag Hans Carl GmbH, Andernacher Straße 33a, D - 90411 Nuremberg, Phone +49 911 95285 0, Fax +49 911 95285 48, E-Mail: firstname.lastname@example.org) by means of an unequivocal declaration (e.g. a letter sent by mail, a telefax or an e-mail) of your decision to cancel this contract. You can use the sample cancellation form enclosed but this is not mandatory.
In order to comply with the time limit for cancellation, it is sufficient that the notification about exercising the right to cancel be sent prior to expiration of the cancellation period.
Consequences of cancellation
If this contract is cancelled, we will be obliged to refund any and all payments that we received from you, including shipment costs (except for additional costs resulting from the fact that you opted for an alternative means of shipment other than the most cost-effective standard shipment offered by us) forthwith but at the latest within fourteen days as of the day on which we received information of cancellation of this contract. We will use the same method of payment for refund that you used for your original transaction unless a different method has been explicitly agreed with you; in no case will you incur any costs resulting from said refund.
We shall be entitled to retain refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You will be obliged to send back or hand over the goods forthwith and, in any event, at the latest within fourteen days as of the day on which you notified us of the cancellation of this contract. The deadline is met, when you send off the goods prior to expiration of the deadline of fourteen days. You will be directly responsible for costs associated with returning the goods.
You will be obliged to compensate us for a possible deterioration of the goods only if this deterioration is due to any handling of the goods on your part that is not required for inspecting the quality, properties and functioning of the goods.
The right of cancellation does not apply to distance contracts for delivery of newspapers, periodicals of magazines, with the exception of subscription contracts.
§ 5 Sample cancellation form
(Should you wish to cancel the contract, please complete this form and return it.)
Fachverlag Hans Carl GmbH
Andernacher Straße 33a
D - 90411 Nuremberg
Telefon: +49 911 95285 0
Telefax: +49 911 95285 48, E-Mail: email@example.com
I/We (*) herewith cancel the contract that I/we (*) entered into relating to purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for printed notification)
(*) delete as applicable
§ 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 (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 For consumers we retain the ownership of the goods until full payment of the purchase price. If you are an entrepreneur in practice of your commercial or independent activity, a legal entity under public law or public special assets, we retain the ownership of the goods until settlement of all outstanding claims from the business relationship with the buyer. The corresponding security rights are transferable to third parties.
8.3 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 Contract term of subscriptions and cancellation
9.1. Student and annual subscription: The contract is concluded for an indefinite period, but at least for a period of 12 months. The subscription automatically renews for another 12 months if it is not cancelled with 6 weeks’ notice to the end of the contractual term. Cancellation must be sent by e-mail to firstname.lastname@example.org.
9.2. Mini subscription. The contract is concluded for a period of 3 months and ends automatically thereafter.
9.3 The renewal of a student and annual subscription is subject to the valid price list at the time of renewal. If, as a result of this, there is a price increase of more than 10%, the Customer has an extraordinary right of cancellation at the time when the price increase takes effect. The cancellation must be received by Fachverlag Hans Carl within one month from notification of the price increase.
§ 10 Access to the information pool www.brauwelt.com/de
Upon conclusion of a subscription, the Customer shall receive access data (login, password) for the information pool of the website www.brauwelt.com/de.
§ 11 Obligations of the Customer and access data
11.1 All access data is individualized and may only be used by the respective authorized Customer. The Customer must keep the login and password confidential and protect it against unauthorized access by third parties.
11.2 In case of suspicion of misuse by a third party, the Customer undertakes to notify us immediately. As soon as we become aware of the unauthorized use, the unauthorized Customer’s access will be blocked. We reserve the right to change a user's login and password; in such a case, the user will be informed immediately.
11.3 The user is responsible at his own expense and risk for providing and securing access to the internet and the software and technical equipment necessary for the use of the offer.
§ 12 Availability
A claim to the use of the information pool on www.brauwelt.com only exists within the scope of our technical and operational capabilities. We endeavour to ensure uninterrupted usability of our services. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines).
§ 13 Rights of use
13.1 The Customer's right of use of the information pool on www.brauwelt.com/de is limited to simple, temporally limited access as well as to the use of the respective services and content available on www.brauwelt.com/de within the scope of the provisions of these GTC.
13.2 Unless otherwise expressly permitted in these GTC or on www.brauwelt.com/de, or made available by a corresponding functionality (e.g. download button) on www.brauwelt.com/de, the Customer is only permitted to use the available content for personal use. This right of use is limited to the duration of the subscription. A passing on to third parties is not permitted. The Customer is expressly prohibited from editing, altering, translating, displaying or presenting, publishing, exhibiting, reproducing or distributing the content available on www.brauwelt.com/de in whole or in part. It is also prohibited to remove or modify copyright notices, logos and other trademarks or protective notices.
13.3 Any further rights to the content may be requested by e-mail to email@example.com.
13.4 The Customer is only entitled to download content as well as to print out content as far as an option to download or print exists as a functionality on www.brauwelt.com/de (e.g.: with a download button).
§ 14 Warranty
14.1 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.
14.2 Should your order from carllibri be a commercial transaction, the following shall apply:
14.2.1 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.
14.2.2 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).
14.2.3 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).
14.2.4 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 the contracting party shall become statute-barred after 2 years. Any and all claims for defects shall be excluded for sale of used goods.
§ 15 Customer 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 48, firstname.lastname@example.org
Trade journals: Phone: +49 911 95285 -42 oder -29, Fax: +49 91195285 48, email@example.com
§ 16 Applicable law, place of jurisdiction
16.1 The 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.
16.2 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.
16.3 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.
§ 17 Online Dispute Resolution (ODR) platform
As online traders (firstname.lastname@example.org) we are obliged to inform you of the existence of the Online Dispute Resolution (ODR) platform of the European Commission. You can access the ODR platform http://ec.europa.eu/consumers/odr/.“
§ 18 Miscellaneous
18.1 Contract languages are German and English.
18.2 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 January 2016