Out of the Shadows

General Terms and Conditions

Table of Contents

1. Scope
2. Contracting Party, Conclusion of Contract, Correction Options
3. Contract Language, Storage of Contract Text
4. Delivery Conditions
5. Payment
6. Right of Withdrawal
7. Retention of Title
8. Transport Damage
9. Data Backup
10. Warranty and Guarantees
11. Liability
12. Dispute Resolution
13. Protection of Minors
14. Final Provisions
15. Battery Disposal Information

1. Scope

These General Terms and Conditions (GTC) apply to all orders placed via the Abebooks or ZAVB website by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legal partnership acting in the exercise of their trade or independent professional activity.

With respect to entrepreneurs: conflicting or supplementary general terms and conditions are hereby rejected unless expressly agreed otherwise.

2. Contracting Party, Conclusion of Contract, Correction Options

2.1 Contracting Party
The purchase contract is concluded with Books-by-Floh - Florian Gerlach.

2.2 Conclusion of Contract
By listing a product at a fixed price, we make a binding offer to conclude a contract for that product. The fixed price and duration of the offer define the acceptance period.

You may accept offers for multiple products by placing them in the shopping cart (subject to availability) and completing the subsequent payment process.

2.3 Correction Options
You may identify and correct input errors during the ordering process using the tools provided by Abebooks or ZAVB.

To cancel a transaction, use your browser’s “back” button. In the shopping cart, quantities can be adjusted or items removed. Errors can also be corrected by canceling the purchase process.

3. Contract Language, Storage of Contract Text

The language available for the conclusion of the contract is German.

The contract text is stored in our systems but is not accessible to you. However, you may view recent orders via your Abebooks or ZAVB account under “Purchases/Sales.” The full contract text is not accessible there.

4. Delivery Conditions

Products are shipped to the delivery address specified during the ordering process.

Delivery is by shipment only. Collection is not possible.
We do not deliver to parcel stations.

5. Payment

5.1 Due Date and Default
The price is due upon conclusion of the contract unless otherwise specified.

For consumers: in case of default, we reserve the right to charge €1.50 per reminder from the second reminder onwards.

For entrepreneurs: statutory default interest of nine percentage points above the base rate plus a flat fee of €40 will be charged.

Further claims remain unaffected.

5.2 Payment Methods

Available payment methods:

PayPal
Payment via PayPal (Europe) S.à r.l. et Cie, S.C.A. requires registration and confirmation. Payment is processed immediately after order placement.

Direct Debit (via PayPal)
Subject to address and credit check. By confirming the payment, you grant PayPal a direct debit mandate.

Bank Transfer
Advance payment via transfer to our account at Deutsche Kreditbank (DKB). Goods are shipped after receipt of payment.

6. Right of Withdrawal

You are entitled to the statutory right of withdrawal as described in the withdrawal policy.

7. Retention of Title

The goods remain our property until full payment is received.

For entrepreneurs: ownership is retained until all claims arising from the business relationship are settled. Claims from resale are assigned to us in advance.

8. Transport Damage

For consumers: visible transport damage must be reported immediately to the carrier and to us.

For entrepreneurs: risk passes upon handover to the carrier.

9. Data Backup

You are responsible for proper and regular data backups.

We are not liable for data loss that could have been avoided through proper backup, except in cases of intent, gross negligence, injury to life, body, or health, breach of essential contractual obligations, guarantees, or product liability.

10. Warranty and Guarantees

10.1 Liability for Defects
Statutory warranty law applies unless otherwise agreed.

Limitations do not apply in cases of personal injury, intent, gross negligence, breach of essential obligations, guarantees, or product liability.

For entrepreneurs:

• Only our product descriptions and manufacturer specifications are binding
• Warranty period for new goods: 1 year from transfer of risk

Commercial buyers must comply with inspection and notification obligations under § 377 HGB.

10.2 Guarantees and Customer Service
Details of any additional guarantees are provided with the respective product.

11. Liability

We are fully liable in cases of:

• injury to life, body, or health
• intent or gross negligence
• guarantees
• product liability

For slight negligence in essential contractual obligations, liability is limited to foreseeable damages.

All other liability is excluded.

12. Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Protection of Minors

For age-restricted products, we ensure compliance through identity and age verification.

Delivery is made only after successful age verification and exclusively to the customer.

14. Final Provisions

If you are an entrepreneur, German law applies excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If individual clauses are invalid, the remainder of the contract remains valid. Statutory provisions apply in place of invalid clauses.

15. Battery Disposal Information

Batteries must not be disposed of with household waste.

They must be returned to collection points or retailers free of charge. End users are legally obliged to return used batteries.

Batteries may also be returned to us (sufficient postage required).
Used batteries must be protected against short circuits before return.

Meaning of symbols:

• Crossed-out bin: no household disposal
• “Hg” = mercury
• “Cd” = cadmium
• “Pb” = lead

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 Books-by-Floh, Paderborn, 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.

Privacy Policy

We use the data you provide to fulfill and process your order. Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods.

For the processing of payments, we may pass your payment data to our bank where required. Your data will not be disclosed to other third parties or used for advertising purposes.

Upon full completion of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the expiry of the retention periods required under tax and commercial law.

We protect our systems through technical and organizational measures against loss, destruction, access, alteration, or dissemination of your data by unauthorized persons. Despite regular checks, complete protection against all risks is not possible.

You have the right to receive free information about your stored data, as well as, where applicable, the right to rectification, restriction, or deletion of such data.

For questions regarding the collection, processing, or use of your personal data, for information, correction, restriction, or deletion of data, please contact:

Mr. Florian Gerlach
Email: info@booksbyfloh.de

This privacy policy was prepared by the law firm WILDE BEUGER SOLMECKE – further information at www.wbs-law.de.