International Economic Law: Basic Documents [Mar 01, 1989] Kunig, Philip; Lau, Niels und Meng, Werner

General Terms and Conditions and Customer Information / Privacy Policy
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following General Terms and Conditions apply to contracts that you conclude with us as the seller (Gero Maier) via the online platforms AbeBooks and/or ZVAB. Unless otherwise agreed, we expressly reject the inclusion of any terms and conditions of your own.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. A business customer is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) When we list an item on AbeBooks or ZVAB, the activation of the offer page on AbeBooks or ZVAB constitutes a binding offer to conclude a contract under the terms and conditions specified on the respective item page.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "Shopping Cart". You can access the "Shopping Cart" using the corresponding button in the navigation bar and make changes at any time.
After accessing the "Checkout" page and entering your personal details as well as the payment and shipping information, all order details are displayed again on the order summary page.
Before submitting your order, you have the opportunity to review and change all the information provided (including by using the "Back" function of your web browser) or to cancel the purchase.
By submitting your order using the "Buy Now" button, you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly through automated processes. You must therefore ensure that the email address you have provided to us is correct and that the technical conditions for receiving emails are met.
§ 3 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business customer, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed to you, pledging them or transferring ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value, and we accept this assignment. You remain authorised to collect these claims. However, if you fail to fulfil your payment obligations properly, we reserve the right to collect the claims ourselves.
c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the resulting new item in proportion to the invoice value of the goods subject to retention of title relative to the value of the other items processed at the time of processing.
d) At your request, we undertake to release securities to which we are entitled insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. We reserve the right to select the securities to be released.
§ 4 Warranty
(1) Statutory rights relating to defects apply.
(2) Provided that we have informed you accordingly before you submit your contractual declaration and this has been expressly and separately agreed, the limitation period for claims relating to defects in used goods is one year from delivery of the goods.
The above limitation does not apply:

• to damage attributable to us that has been culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• where we have fraudulently concealed a defect or provided a guarantee regarding the quality of the goods.
  (3) If you are a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
  (4) Where a characteristic of the goods deviates from the objective requirements, such deviation shall be deemed agreed only if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
  (5) If you are a business customer, the following provisions apply in deviation from the above warranty regulations:
  a) Only our own specifications and the manufacturer's product description shall be deemed agreed characteristics of the goods. Other advertising, public promotional statements and statements made by the manufacturer shall not be considered agreed characteristics.
  b) In the event of defects, we shall, at our discretion, provide subsequent performance by repairing the goods or supplying replacement goods.
  If the remedy of the defect fails, you may, at your discretion, request a reduction in the purchase price or withdraw from the contract.
  The remedy shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods, the defect or other circumstances indicate otherwise.
  In the event of a repair, we are not obliged to bear additional costs resulting from the goods being transported to a location other than the place of performance, unless such transportation corresponds to the intended use of the goods.
  c) The warranty period is one year from delivery of the goods.
  The reduction of this period does not apply:
• to damage attributable to us that has been culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• where we have fraudulently concealed a defect or provided a guarantee regarding the quality of the goods;
• to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective;
• to statutory rights of recourse that you may assert against us in connection with claims relating to defects.
  § 5 Choice of Law
  (1) German law shall apply. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favourable law).
  (2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
  § 6 Protection of Minors
  (1) When selling goods that are subject to the provisions of the German Youth Protection Act (Jugendschutzgesetz), we enter into contractual relationships only with customers who have reached the legally required minimum age.
  Any applicable age restrictions are indicated in the respective item description.
  (2) By submitting your order, you confirm that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct.
  You are obliged to ensure that the goods are received only by you personally or by persons authorised by you to accept delivery who have also reached the legally required minimum age.
  (3) Where we are legally required to carry out an age verification, we instruct the logistics service provider responsible for delivery to hand over the goods only to persons who have reached the legally required minimum age.
  In cases of doubt, the delivery service provider must request identification from the person receiving the goods to verify their age.
  (4) Where the respective item description specifies that you must be at least 18 years old to purchase the goods, even if the statutory minimum age is lower, the provisions of paragraphs (1) to (3) above shall apply accordingly, with the requirement of legal adulthood replacing the statutory minimum age.

II. Customer Information

1. Identity of the Seller
   Gero Maier
   Landfriedweg 8
   68789 St. Leon-Rot
   Germany
   Telephone: +49 152 34152271
   Email: info@bibliomundo.de
   We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the Conclusion of the Contract
   The technical steps involved in concluding the contract, the conclusion of the contract itself and the available options for correcting information are governed by the provisions entitled "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
   3.1. The contract language is German.
   3.2. We do not store the complete text of the contract.
   Before submitting your order, you can print the contract details using your browser's print function or save them electronically.
   After we receive your order, the order details, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
   The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
   5.1. The prices and shipping costs stated in the respective offers are total prices. They include all price components, including all applicable taxes.
   5.2. The applicable shipping costs are not included in the purchase price.
   They can be viewed using the appropriately labelled button on our website or in the respective offer. They are displayed separately during the ordering process and must be paid by you in addition to the purchase price, unless free shipping has been expressly offered.
   5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer fees or currency conversion charges imposed by financial institutions). These costs must be borne by you.
   5.4. Any money transfer costs incurred (bank transfer fees or currency conversion charges imposed by financial institutions) must also be borne by you if delivery is made to an EU Member State but payment is initiated from outside the European Union.
   5.5. The available payment methods are indicated using the appropriately labelled button on our website or in the respective offer.
   5.6. Unless otherwise specified for the individual payment methods, all payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
   6.1. The delivery terms, delivery date and any applicable delivery restrictions can be found using the appropriately labelled button on our website or in the respective offer.
   Unless a different delivery period is specified in the respective offer or under the corresponding button, the goods will be delivered within 3–5 days after conclusion of the contract (in the case of agreed advance payment, however, only after you have issued your payment instruction).
   6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the goods during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured.
   This does not apply if you independently commission a transport company or another person responsible for carrying out the shipment who was not designated by the seller.
   If you are a business customer, delivery and shipment are carried out at your own risk.
7. Statutory Rights Relating to Defects
   Liability for defects is governed by the provisions entitled "Warranty" in our General Terms and Conditions (Part I).

Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day:

• on which you or a third party designated by you, other than the carrier, has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered together;
  To exercise your right of withdrawal, you must inform us (Gero Maier, Landfriedweg 8, 68789 St. Leon-Rot, Germany, telephone: +49 152 34152271, email: info@bibliomundo.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.
  You may also exercise your right of withdrawal online using the appropriately labelled button ("Withdraw from Contract" or a similar designation) on the AbeBooks/ZVAB website. If you use this online function, you will promptly receive an acknowledgement of receipt on a durable medium (e.g. by email), containing information about the content of your withdrawal declaration as well as the date and time it was received.
  To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
  Effects of Withdrawal
  If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your decision to withdraw from this contract.
  We shall make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. Under no circumstances will you incur any fees as a result of this reimbursement.
  We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
  You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods back before the 14-day period has expired.
  You shall bear the direct costs of returning the goods.
  You are only liable for any diminished value of the goods resulting from handling them in a way that is not necessary to establish their nature, characteristics and functioning.
  Exclusions and Early Expiry of the Right of Withdrawal
  The right of withdrawal does not apply to contracts:
• for the supply of goods that are not prefabricated and for which an individual choice or decision by the consumer is essential for their manufacture, or which are clearly personalised to meet the consumer's specific needs;
• for the supply of goods that are liable to deteriorate or expire rapidly;
• for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which cannot be delivered until at least 30 days after the conclusion of the contract, and whose actual value depends on market fluctuations beyond the trader's control;
• for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
  The right of withdrawal expires prematurely in the case of contracts:
• for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
• for the supply of goods which, after delivery, have become inseparably mixed with other items due to their nature;
• for the supply of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
  Model Withdrawal Form
  (If you wish to withdraw from the contract, please complete this form and return it.)
• To: Gero Maier, Landfriedweg 8, 68789 St. Leon-Rot, Germany, email: info@bibliomundo.de
• I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods () / for the provision of the following service (*)
• Ordered on () / received on ()
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is submitted on paper)
• Date
  (*) Delete as appropriate.

Privacy Policy
Unless otherwise stated below, the provision of your personal data is neither required by law or contract nor necessary for the conclusion of a contract. You are not obliged to provide this data. Failure to provide the data will have no consequences. This applies only insofar as no different information is provided regarding the processing activities described below.
"Personal data" means any information relating to an identified or identifiable natural person.
Data Controller
You may contact us at any time upon request.
The controller responsible for data processing is:
Gero Maier
Landfriedweg 8
68789 St. Leon-Rot
Germany
Telephone: +49 152 34152271
Email: info@bibliomundo.de
Collection and Processing of Data When Using the Withdrawal Button
If you have concluded a contract via this platform for which a statutory right of withdrawal exists, the platform provides you with a withdrawal function (withdrawal button) through which you can submit your declaration of withdrawal directly.
When you use the withdrawal function, your personal data (name, email address, information identifying the contract or part of the contract you wish to withdraw from, and the time (date and time) at which the declaration of withdrawal is submitted) will be collected only to the extent that you provide such information.
The purpose of this data processing is to provide you with the legally required option to withdraw from your contract and to ensure the proper handling of your withdrawal.
The platform operator collects your data on the basis of Article 6(1)(f) of the General Data Protection Regulation (GDPR), based on the legitimate interest in ensuring general access to the statutory withdrawal function on the platform.
You will receive a confirmation email from the platform operator acknowledging receipt of your declaration of withdrawal.
The platform operator will then transmit the data to us.
If the communication relates to a contract already concluded between you and us, this data processing is carried out on the basis of Article 6(1)(b) GDPR.
Otherwise, the data processing is carried out on the basis of Article 6(1)(c) GDPR in order to comply with a legal obligation to provide an electronic withdrawal function.
We use your email address exclusively to process your declaration of withdrawal.
Your data will subsequently be deleted in accordance with statutory retention periods, unless you have consented to further processing and use.
Collection, Processing and Disclosure of Personal Data When Placing Orders
When you place an order, we collect and process your personal data only to the extent necessary to fulfil and process your order and to handle your enquiries.
The provision of this data is necessary for the conclusion of the contract. Failure to provide the data will mean that no contract can be concluded.
Processing is carried out on the basis of Article 6(1)(b) GDPR and is necessary for the performance of a contract with you.
Your data may be disclosed, for example, to shipping companies, dropshipping or fulfilment service providers, payment service providers, order processing service providers and IT service providers.
In all cases, we strictly comply with the applicable legal requirements. The extent of data transmission is limited to the minimum necessary.
Duration of Data Storage
After the contract has been fully performed, your data will initially be stored for the duration of the statutory warranty period.
Thereafter, the data will be stored in accordance with statutory retention periods, particularly those arising from tax and commercial law, and will be deleted upon expiry of these periods, unless you have consented to further processing and use.
Rights of the Data Subject
Subject to the applicable statutory requirements, you have the following rights under Articles 15 to 20 GDPR:

• Right of access to your personal data
• Right to rectification
• Right to erasure
• Right to restriction of processing
• Right to data portability
  In addition, pursuant to Article 21(1) GDPR, you have the right to object to processing based on Article 6(1)(f) GDPR, as well as to processing for direct marketing purposes.
  Right to Lodge a Complaint with a Supervisory Authority
  Pursuant to Article 77 GDPR, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data is unlawful.
  You may lodge a complaint, among others, with the supervisory authority responsible for us, which can be contacted at the following address:
  Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg
  Königstrasse 10 a
  70173 Stuttgart
  Germany
  Telephone: +49 711 6155410
  Fax: +49 711 61554115
  Email: poststelle@lfdi.bwl.de
  Right to Object
  If the processing of personal data described in this Privacy Policy is based on our legitimate interests pursuant to Article 6(1)(f) GDPR, you have the right to object to such processing at any time, on grounds relating to your particular situation, with effect for the future.
  Following your objection, the processing of the personal data concerned will cease unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or unless the processing is necessary for the establishment, exercise or defence of legal claims.