General terms and conditions for ordering books
(as of 16 january 2012)
§ 1 Scope of application
1. The following general terms and conditions are valid for all business connections betweenus and our customers. The version applicable is the one valid at the time of the conclusion of the contract. 2. Consumers 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 entered into 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 out 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 purchase contracts
An electronically transmitted order of a customer represents an offer for Lexxion to conclude a purchase contract. If a customer places an order, Lexxion will send a confirmation of receipt via Email, listing the details of the order (order confirmation). This confirmation serves only as a confirmation of receipt of your order; it does not however represent an acceptation of your offer to conclude a purchase contract. A purchase contract is valid only when the ordered items are dispatched by Lexxion. In this case, the purchase contract is valid only for the items dispatched. For further products from the same order that have not been dispatched by Lexxion, no purchase contract comes to effect.
§ 3 Reservation of proprietary rights
Goods remain in our property until full payment of the purchase price.
§ 4 Right of revocation
You are entitled to revoke your declaration of intention to enter into the contract within a period of 14 days without obligation to give reasons. This revocation must be provided in written form (i.e. by mail, fax or Email) or by returning the item, if the item was received before expiry of this period. The period of time begins at the point of time when the consumer has been informed in text form by a clearly drafted instruction on his right of revocation. Where goods are supplied, the period of time does not commence prior to the date of receipt by the receiver (in the case of regular delivery of similar items the period of time does not begin before delivery of the first item). The period of time also does not commence prior to fulfillment of our duty to inform according to Artikel 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as our duties according to § 312e Abs. 1 Satz 1 BGB in connection with Artikel 246 § 3EGBGB. To comply with the time limit, statement of the revocation or return of the item in good time is sufficient. Revocations should be directed at: Lexxion Verlagsgesellschaft mbH Güntzelstraße 63
10717 Berlin
Bundesrepublik Deutschland
Fax: +49 30 81 45 06 22
Tel. +49 30 81 45 06 0
Email: mail@lexxion.de
§4a Legal consequences of revocation and return When the consumer exercises the right of revocation, benefits have to be returned by both parties; benefits drawn (e.g. accumulated interest) must be returned where applicable. The consumer must pay compensation for value for any deterioration of items or failure to return items. This does not apply in cases where deterioration is due to the examination of items as would have been possible e.g. in a retail shop.
You may avoid payment of compensation for deterioration caused by putting the item to its intended use if you do not use the item like your property, any by avoiding any other action which might lead to deterioration of value. When exercising the right of revocation, the consumer is obliged to make return shipment of the item at our risk, if it can be sent by parcel. Where items are returned, you are obliged to bear the cost for shipping and handling, as long as the items delivered correspond to your order, and the value of the returned item does not exceed € 40,00, and, in case of value exceeding € 40,00, if you have not yet performed the return service or any payment agreed upon by contract at the time of the revocation. Otherwise, the return of items is free of charge. Items that cannot be sent by parcel will be collected at your place of residence. The period with regard to a duty of reimbursement of the consumer is 30 days, beginning from the point when revocation is made or the item is returned; the period with regard to a duty of reimbursement of the entrepreneur begins when it is received.
§ 5 Prices
1. All prices indicated are final prices in € and include VAT unless stated otherwise.
2. In the case of mailing order, purchase prices indicated do not include the additional flat rate for handling and packing per consignment:
3,00 € delivery within Germany
6,00 € delivery within Europe
18,00 € delivery outside Europe
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. In the case of entrepreneurial debtors, we reserve the right to substantiate a higher amount of interest damage as a result of the default and to put it to effect.
§ 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. The customer has 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 to the acquisition, processing and use of personal data. The customer is entitled to revoke the agreement at any time with effect for 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 are 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.
|
