Lustrum Band 54 - 2012 (Lustrum, 54) (German Edition)

General Terms and Conditions of Business and Delivery

1. general - scope of application
2. conclusion of contract
3. reservation of title
4. remuneration and shipping costs
5. transfer of risk
   6 Warranty
6. limitations of liability and exemption from liability
7. data protection
8. costs of return shipment
9. final provisions

1 General - Scope of application

1.1 The following General Terms and Conditions apply to all business relationships between us and our customers. The version valid at the time the contract is concluded shall apply.

1.2 Consumers within the meaning of the Terms and Conditions are natural persons with whom we enter into a business relationship without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom we enter into business relations and who act in the exercise of a commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.

1.3 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed to in writing.

2 Conclusion of contract

2.1 Our offers are non-binding and are subject to the condition that the product is still in stock or available from us.

2.2 By placing an order, the customer makes a binding contractual offer. We will confirm receipt of the customer's order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance.

3 Retention of title

3.1 In the case of consumers, we reserve title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

3.2 We are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of an obligation under clauses 2 and 3 of this provision.

3.3 The entrepreneur is authorised to resell the goods in the ordinary course of business. He hereby assigns to us all claims to the amount of the invoice which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly fulfil his payment obligations and is in default of payment.

4 Remuneration

4.1 The quoted price is binding. The price includes the statutory value added tax.

The customer shall not incur any additional costs when ordering by means of distance communication. The customer can pay the price by cash on delivery, invoice or credit card. We reserve the right to exclude individual payment methods.

4.2 The customer shall only have a right of set-off if his counterclaims have been legally established and recognised by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

5 Transfer of risk

5.1 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods, even in the case of sale by despatch.

5.2 In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is in default of acceptance, this shall be deemed equivalent to handover.

6 Warranty

6.1 Consumers have the choice of whether subsequent fulfilment is to take the form of rectification or replacement delivery. We are entitled to refuse the type of subsequent fulfilment chosen if it is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the consumer.

In the case of companies, we initially provide warranty for defects in the goods at our discretion by repair or replacement.

6.2 If the subsequent fulfilment fails or is not possible due to the nature of the goods ordered, the customer may, at his discretion, demand a reduction in price or remuneration (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. If the customer chooses compensation for damages instead of performance, the limitations of liability in accordance with § 8, clauses 1 and 2 shall apply. However, the customer shall have no right of cancellation in the event of only minor defects.

6.3 Entrepreneurs must notify us in writing of obvious defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely despatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.

6.4 The warranty period for consumers for used goods is one year from delivery of the goods, for new goods the statutory warranty period applies. The warranty period for entrepreneurs is one year from delivery of the goods. For used goods, the warranty period is one year from delivery of the goods. The one-year warranty period shall not apply if we can be accused of gross negligence or in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer. Our liability under the Product Liability Act remains unaffected by this.

7 Limitations of liability and exemption from liability

7.1 Except in the event of a breach of material contractual obligations, we shall only be liable if and to the extent that our legal representatives and vicarious agents are guilty of intent or gross negligence. In the absence of intent or gross negligence, our liability shall be limited to the damage that was typically foreseeable at the time the contract was concluded.

7.2 The aforementioned exclusion or limitation of liability shall not apply if and to the extent that we have warranted certain characteristics or given guarantees. Furthermore, they do not apply to damages resulting from injury to life, limb or health or in the case of mandatory statutory provisions.

8 Data protection

8.1 We collect, process and use the personal data of our customers solely for the purpose of the proper fulfilment of the contract.

8.2 We store billing data for a maximum of 6 months after the invoice has been sent. If objections are raised against the payment claims or if these are not settled despite a request for payment, the billing data may be stored until the objection has been finally clarified or the payment claim has been settled. § Section 6 (8) of the German Teleservices Data Protection Act (TDDSG) remains unaffected.

8.3 Personal data shall be processed for us by mediantis AG within the scope of commissioned data management within the meaning of Section 9 BDSG. In this context, mediantis AG merely acts as a technical service provider; we are solely responsible for the data transmitted to us.

8.4 If and to the extent that the storage of personal data is necessary due to existing legal or tax obligations, this data will be blocked for access for purposes other than those justified by law.

1. costs of return shipment

The buyer shall bear the costs of returning the goods.

1. final provisions

10.1 The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

10.3 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.

Information regarding the right of withdrawal

Statutory right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.

To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to BuchZeichen-Versandhandel, Freiburg, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

1. The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
2. The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.

The shipment takes place immediately after receipt of payment by Maxibrief, Prio or DHL parcel, nationally and internationally.
We ship exclusively with Deutsche Post or DHL.

8 Data protection

8.1 We collect, process and use the personal data of our customers solely for the purpose of the proper fulfilment of the contract.

8.2 We store billing data for a maximum of 6 months after the invoice has been sent. If objections are raised against the payment claims or if these are not settled despite a request for payment, the billing data may be stored until the objection has been finally clarified or the payment claim has been settled. § Section 6 (8) of the German Teleservices Data Protection Act (TDDSG) remains unaffected.

8.3 Personal data shall be processed for us by mediantis AG within the scope of commissioned data management within the meaning of Section 9 BDSG. In this context, mediantis AG merely acts as a technical service provider; we are solely responsible for the data transmitted to us.

8.4 If and insofar as the storage of personal data is necessary due to existing legal or tax obligations, this data will be blocked from access for purposes other than those justified by law.