General Terms and Conditions for purchases in the online bookstore under carllibri.com

§ 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. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 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: fachbuch@hanscarl.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 following right of withdrawal only applies to consumers in distance selling

4.1 Cancellation policy for the purchase of books and trade journals without subscription

Cancellation policy
Right of withdrawal

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

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Fachverlag Hans Carl GmbH, Andernacher Straße 33a, 90411 Nuremberg, phone: +49 911 95285-0, e-mail: fachbuch@hanscarl.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.

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

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to distance contracts for the delivery of newspapers, journals or magazines with the exception of subscription contracts.
 

4.2 Cancellation policy for the purchase of books and trade journals with subscription

Cancellation policy
Right of withdrawal

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

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

In order to exercise your right of withdrawal, you must inform us (Fachverlag Hans Carl GmbH, Andernacher Straße 33a, 90411 Nuremberg, phone: +49 911 95285-0, e-mail: fachbuch@hanscarl.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

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

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
 

4.3 cancellation policy for the purchase of books and trade journals for downloading

Cancellation policy
Right of withdrawal

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

The withdrawal period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (Fachverlag Hans Carl GmbH, Andernacher Straße 33a, 90411 Nuremberg, phone: +49 911 95285-0, e-mail: fachbuch@hanscarl.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

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


Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal shall expire in the case of contracts for the provision of digital content not on a tangible medium where the consumer is obliged to pay a price if

a) the consumer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period


b) the consumer has confirmed his knowledge that his consent under point (a) extinguishes his right of withdrawal upon the commencement of the performance of the contract; and


c) the trader has provided the consumer with a confirmation in accordance with section 312f (confirmation of contract).

 

§ 5 Sample cancellation form

(If you wish to cancel the contract, please complete and return this form)

To
Fachverlag Hans Carl GmbH
Andernacher Straße 33a
D-90411 Nuremberg
Phone: +49 911 95285-0
E-mail: fachbuch@hanscarl.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 the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date
(*) Delete where inapplicable
 

§ 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. From an order value of 40,00 EUR we deliver within Germany free of shipping costs. 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 subscription and annual subscription (PRINT, PRINT + DIGITAL or DIGITAL): The term of the subscriptions is 1 year. After that, they are automatically extended indefinitely, but can be cancelled at any time during this contract period with a notice period of 1 month. Cancellation is done by e-mail to the address abo@hanscarl.com or the cancellation button.

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 https://brauwelt.com/de
With the conclusion of a subscription, the customer receives access data (login, password) for the respectively booked information pool of the web offer: https://brauwelt.com/de or https://brauwelt.com/en.

The subscription for access to https://brauwelt.com/de or https://brauwelt.com/en entitles to use both offers with the same login and password.

The subscription for access to https://brauwelt.com/de entitles to use only this offer. The same applies to the subscription for access to https://brauwelt.com/en.


§ 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 https://brauwelt.com/de 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 https://brauwelt.com/de is limited to simple, temporally limited access as well as to the use of the respective services and content available on https://brauwelt.com/de within the scope of the provisions of these GTC.

13.2 Unless otherwise expressly permitted in these GTC or on https://brauwelt.com/de, or made available by a corresponding functionality (e.g. download button) on https://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 https://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 abo@hanscarl.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 https://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 7.30 a.m. to 5.00 p.m. and Friday from 7.30 a.m. to 14.00 a.m.
Special book shop: Phone: +49 911  95285-31, Fax: +49 911 95285 48, fachbuch@hanscarl.com
Trade journals: Phone: +49 911 95285-42 oder -29, Fax: +49 911 95285 48, abo@hanscarl.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 In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence. 

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 (fachbuch@hanscarl.com) 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 June 2022