General Terms and Conditions of Sale (GT) of Förderverein Gutenberg e.V.

1. Scope

1.1 These GT in their latest version govern the business relationship between Förderverein Gutenberg e.V., Liebfrauenplatz 5, 55116 Mainz, Tel. 0049-6131-220469, registered in the register of associations of the competent local court of Mainz under No. VR 2914, represented by the members of the board Eckart Helfferich (chairman), Martina Bockius, Dr. Jörn Röper, Sales Tax Identification No.: DE17890527 (thereinafter: “Vendor”) and the orderer (thereinafter: “Customer”) exclusively. Differing terms of the customer shall not apply, except if expressly agreed upon in writing.

1.2 Every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession is a consumer according to Sec. 13 German Civil Code (“BGB”). Contrariwise, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession is an entrepreneur according to Sec. 14 German Civil Code (“BGB”).

2. Information concerning entry into contract

2.1 Entry into contract via www.gutenberg-shop.de

2.1.1 The customer may choose products and add them in a so called shopping basket by pressing the icon “zum Warenkorb hinzufügen” (translated: “add to basket”). By pressing the icon “zahlungspflichtig bestellen” (translated: “place order”), customer declares a binding offer to purchase the products in the shopping basket. The customer may review and alter his order any time prior to posting his order. However, posting the order requires pressing the icon „Ich habe die Allgemeinen Geschäftsbedingungen gelesen und stimme diesen ausdrücklich zu” (translated: "I have read the General Terms and Conditions of Sale (GT) and agree with them“) and thus declaring acceptance of these GT and incorporation in the offer.

2.1.2 After receipt of the customers offer, vendor will send an automated notice of receipt which specifies the order and can be printed by the customer by pressing “Drucken” (translated: “Print”). The automated notice of receipt solely states that the order has been received by the vendor, it does not constitute acceptance of the customer’s order. The conclusion of the contract requires the acceptance of the customer’s offer by the vendor, which will be declared by separate E-Mail (Order confirmation). The vendor will provide the customer with a durable data medium (E-Mail or paper printout) containing a copy of the contract (consisting of order, general terms and order confirmation) either attached to the order confirmation or at the latest with delivery of the order. A copy of the contract will be stored in accordance with the applicable rules on data protection.

2.2 Entry into contract by other means than www.gutenberg-shop.de

Apart from using www.gutenberg-shop.de, orders might be placed by facsimile, E-Mail and post or by phone (Tuesdays through Fridays between 0900 and 1700 Central European Time (CET). In such case, entry of contract will take place by the vendor declaring acceptance of the customer’s offer, either by E-Mail or invoice by post (order confirmation). In such E-Mail, by separate E-Mail or at the latest with delivery of the order, the vendor will supply the customer with a durable data medium (E-Mail or paper printout) containing a copy of the contract (consisting of order, general terms and order confirmation). A copy of the contract will be stored in accordance with the applicable rules on data protection.

2.3 The entry into contract will be in German for shipping addresses in Germany, Austria and Switzerland and in English for shipping addresses in the rest of the world.

3. Delivery and availability

3.1 The time for delivery as stated by the vendor commences at the time of the confirmation of the order, provided the payment amount has been received by the vendor (except in case of purchase on account). Unless stated otherwise in the online-shop or by us directly, time of delivery for orders within Germany is between two and five working days, for orders sent to customers outside of Germany is between three and seven working days.

3.2 In the event that the product is temporarily not available, the vendor will inform the customer thereof without undue delay in the order confirmation. In the event that the product is permanently unavailable, the vendor will not confirm the order, in this case, no contract will be concluded.

3.3 In the event that the product cannot be delivered in a timely manner, the vendor will inform the customer thereof without undue delay in the order confirmation. In case of delay of delivery of more than two weeks, the customer is entitled to revoke the contract. These provisions do not affect the customer’s statutory right of revocation (see Sec. 9 of these General Terms and Conditions). Apart from that, vendor is entitled to revoke the contract. In such case, any payments will be refunded to the customer immediately.

4. Retention of title

We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.

5. Prices and shipping costs

5.1 All prices indicated on our website include German VAT.

5.2 Shipping costs are indicated on the website of the vendor. Additionally, the purchase price (including VAT and shipping costs) will be shown in the shopping basket prior to the customer placing the order. The customer is bearing the shipping costs, unless the customer exercises his statutory right of revocation of the contract.

5.3 Shipping will be performed by mail or parcel service. If the customer is a consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the customer upon delivery of the product to the customer or upon the customer’s default of acceptance. In all other cases, if the vendor’s obligation is limited to the dispatch of the product, such risk shall pass to the customer upon delivery of the product by the vendor to the carrier.

5.4 In case of revocation of the contract, the customer has to bear the immediate costs of the return shipment.

5.5 Delivery outside of the EC may lead to custom duties and taxes. Such are born by the customer and will be demanded by the authorities in charge at the time of delivery. The vendor neither has knowledge of nor influence on the applicable rates of the custom duties and taxes. Neither does the vendor have any knowledge of national laws and tax regulations. Thus, it is up to the customer to acquire the necessary knowledge of the applicable regulations. In particular, delivery of the products might require the customer providing identification papers or further information like tax numbers, import licenses etc. Additionally, vendor advises that international shipments are opened and searched by customs on a regular basis.

6. Payments

6.1 Customers may pay in advance, credit card or to the account of one of vendor’s payment service providers. Use of the services of one of vendor’s payment service providers is governed by its general terms and conditions. Entrepreneurs according to Sec. 14 German Civil Code (“BGB”), legal persons under public law or special funds under public law may choose payment after delivery. In such case, vendor’s invoices shall be due and payable immediately upon receipt of the products.

6.2 Payment is due immediately at the moment of conclusion of the contract. Exceptions apply according to Sec. 6.1 to entrepreneurs and legal persons under public law or special funds under public law. If a period of time according to the calendar has been specified, the customer gets into default if he misses the due date. From the due date default interest in the amount of 9 % above the respective base interest rate p. a. shall accrue, in case the customer is entrepreneur or a legal person under public law or a special fund under public law. Vendor reserves all rights to claim further damages for delay.

7. Warranty

7.1 In the event of a defect of the delivered product, statutory law, in particular Sec. 434 et seqq. German Civil Code (“BGB”) apply. In case of the customer being an entrepreneur, a legal person under public law or a special fund under public law, warranty claims shall be time-barred after twelve months of the passage of risk.

7.2 Further warranties only apply, if declared by the vendor with the order confirmation in respect to a particular product.

8. Liability

8.1 The customer is not entitled to damages. This does not apply to culpable damage to life, body or health or in in case of breach of fundamental contract obligations as well as in case of intent or gross negligence on our part or by our representatives, agents or assistants in performance.

8.2 To the extent the breach of fundamental contract obligations is unintentionally, our liability for damages shall be limited to the typically predictable damage, except in case of claims for damages to life, body or health.

8.3 The limitations set out in Sec. 8.1 and 8.2 also apply in favor of the vendor’s representatives, agents or assistants in performance, if claims are asserted against them directly.

8.4 The vendor’s liability under the Product Liability Act shall remain unaffected.

9. Instructions on withdrawal

9.1 Consumers according to Sec. 13 German Civil Code (“BGB”) are entitled to withdraw from this contract within 14 days without giving any reason. The right to withdrawal does not apply to distance contracts on the delivery of sound or videorecordings, digital contents (E-Books) or computer software in a sealed package or for download, if the seal has been removed after receipt of the delivery and to delivery of newspapers or magazines except subscriptions. A model withdrawal form can be found in Sec. 9.2

 

Instructions on withdrawal

 Right of withdrawal

You are entitled 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 goods. To exercise the right of withdrawal, you must inform us (Förderverein Gutenberg e.V., Liebfrauenplatz 5, 55116 Mainz, Germany, Telephone: 0049-6131-220469, Facsimile: 0049-6131-143798, E-Mail: order@gutenberg-shop.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, facsimile or E-Mail). To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 us, 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.

End of withdrawal instructions

 

9.2 According to the statutory regulations, vendor informs on the model withdrawal form as follows:

 

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

To
Förderverein Gutenberg e.V.
Liebfrauenplatz 5
55116 Mainz
Fax: 0049-6131-143798
E-Mail: order@gutenberg-shop.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 notified on paper),
Date
(*) Delete as inappropriate.

 

9.3 Please avoid damages and pollution to the goods. Please return the goods in their original packaging including all accessories and all packaging parts to us. If necessary, use a protective outer package. In case you don’t possess the original packaging anymore, please take care of appropriate packaging for sufficient protection against any damages in transit in order to avoid claims for indemnity arising from damages caused by inadequate packaging.

9.4 Please note that the modalities as set out in Sec. 9.3 are not precondition for effectively exercising your right of withdrawal.

10. Data Protection

10.1 Vendor saves and processes data relating to the customer in the course of executing the sales contract. Vendor observes the applicable regulations, especially the Federal Data Protection Act and Telemedia Act. Without the consent of the customer, vendor will only save, process or use inventory und usage data of the customer, insofar as it is necessary in order to execute the contract and for using and billing of telemedia.

10.2 Without consent of the customer, vendor will not use Data of the customer for promotional, market or opinion research purposes.

10.3 The customer may access, alter or delete his personal data saved by the vendor at any time by engaging the icon “Meine Daten” (translated: “My Account”) in his profile. Incidentally, for questions on declarations of consent by the customer amd further information on the saving, processing and usage of the customer’s data, we are referring to the declaration on data protection which can be accessed any time by engaging the icon “Datenschutz” (translated: “Data Protection”) in a printer friendly version.

10.4 The vendor does not save the wording of the contract. Registered customers my access their past orders in the customer login section of the website.

11. Final provisions

11.1 Any contracts entered into between the vendor and the customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws and consumer protection provisions.

11.2 If the Customer is an entrepreneur according to Sec. 14 German Civil Code (“BGB”), a legal person under public law or a special fund under public law the courts at the place of business of the vendor shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.

11.3 In the event that one or more provisions of the contract should be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be deemed to be replaced - as existent - with statutory provisions. In case of an unacceptable rigor to one of the parties, the contract shall be deemed invalid as a whole.

11.4 In case of deviations of these General Terms from the German text, the conditions of the German text shall prevail.