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General terms and conditions for ordering books
(as of 8 July 2009)
§ 1 Scope of application
1. The following general terms and conditions are valid for all business connections between us and our customers. The version applicable is the one valid at the time of the conclusion of the contract.
2. Customers in the sense of our terms and conditions are natural persons with whom a business connection is contracted without connection to any commercial or independent professional activity.
3. Entrepreneurs in the sense of our terms and conditions are natural or legal persons or associations of persons with legal capacity, with whom a business connection is contracted and who act on behalf of a commercial or independent professional activity.
4. Customers in the sense of our terms and conditions are consumers as well as entrepreneurs.
5. Terms and conditions deviating or contradicting or supplemental to our general terms and conditions are not part of the contract, even when acknowledged, unless their application is explicitly agreed upon in a written form.
§ 2 Conclusion of contracts
If a customer orders electronically, the text of the contract will be stored by Lexxion and sent to the customer along with the legally relevant terms and conditions via E-mail after the conclusion of the contract.
§ 3 Reservation of proprietary rights
Goods remain our property until full payment of the purchase price.
§ 4 Return clause
1. The customer is entitled to return goods within a period of two weeks after the purchase. The return is valid only if goods are returned. For observation of this deadline, timely posting is sufficient.
2. On returning goods, the consumer bears all return costs up to an order value of EUR 40,00 unless the items returned do not correspond to the original order. If the order value exceeds EUR 40,00, the consumer does not bear return costs.
3. In the case of deterioration of goods due to proper use, the consumer has to provide value replacement. The consumer is entitled to examine goods with all due care. In the case of value deterioration as a consequence of utilisation exceeding proper use, so that goods cannot be resold in mint condition, the consumer has to provide value replacement.
§ 5 Prices
1. All prices indicated are final prices in EUR and include VAT unless stated otherwise.
2. In the case of mailing order, purchase prices indicated do not include a EUR 3,00 flat rate for shipping and handling.
3. Purchase is conducted on open account.
4. Customers are obliged to pay on receipt of the service within the period indicated on the invoice. On expiration of this period the customer is in default. If in default, the consumer is obliged to pay 5% interest on the base rate of the debt.
5. If in default, entrepreneurial debtors are obliged to pay 8% interest on the base rate of the debt. We reserve the right to substantiate and put to effect a higher interest rate for entrepreneurial debtors.
§ 6 Data privacy
1. The customer has been circumstantially informed on the form, extent, place and purpose of the acquisition, processing and use of personal data required for ordering. Customers have also been circumstantially informed on their right to object to the use of their anonymous user profile for advertising purposes, marketing research and demand-oriented organisation of services (see also "data privacy information").
2. The customer agrees explicitly on the acquisition, processing and use of personal data. The customer is entitled to revoke the agreement at any time with effect on the future.
§ 7 Final clause
1. The law of the Federal Republic of Germany applies solely. In the case of customers concluding a contract without connection to any professional or commercial purposes, this choice of law is applicable only as far as the protection is not withdrawn in the customer's country of habitual residence due to compelling regulations of the law. Regulations of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
2. If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive jurisdiction for all disputes regarding this contract is our place of business. The same applies if the customer does not have a legal forum in Germany or if the customer's place of residence or habitual residence is unknown at the time of the filing of the lawsuit.
3. Should single regulations of the contract with the customer, including these general terms and conditions, be or become wholly or partially invalid, the validity of other regulations remains unaltered.
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