AGB`s General Terms and Conditions of the Bruderinfo Verlag1 Orders / and member orders2 Delivery3 Transport risk4 Quality agreement without assumption of guarantee5 Warranty, obligation to examine6 Damages and limitation of liability7 Retention of title8 Prices9 Payment10 Delay in payment11 Right of return12 Delivery addresses13 Place of fulfillment and place of jurisdiction 1 Orders Orders are accepted by the publisher by sending an order confirmation or an order confirmation . By accepting a delivery, the buyer agrees to the delivery and payment conditions of the publisher. The publisher cannot accept opposing conditions. This also applies if the publisher does not expressly object. The same applies to the consent of membership and when ordering from the member area. The membership fee is charged once a year and is equivalent to an order. A member is only who has paid the annual fee. Only then is the "new member" granted the authorizations.2 DeliveryBooks, magazines and other products of the publisher are only delivered in a fixed invoice and at the expense and risk of the buyer from the shipping location specified by the publisher. Deviating agreements require the publisher's written confirmation. The publisher reserves the right to deliver against prepayment. Delivery dates are only binding if they have been confirmed in writing by the publisher. This also applies in the member area and the resulting orders and deliveries. 3 Transport risk The transport risk is transferred to the buyer when the goods are dispatched by the publisher, even if the loss and deterioration are due to chance or force majeure. The publisher will not provide compensation for items that are lost or damaged in transit. In order to safeguard his interests, the buyer must therefore report his damage to the relevant offices within the deadlines given by the post office, forwarding agent or railway. 4 Agreement on quality without assumption of guarantee 4.1 The publisher guarantees that the delivery item is of the agreed quality at the moment of handover to the transport service provider . This is measured exclusively in accordance with the specific agreements made between the parties on the properties, features and performance characteristics of the goods. 4.2 It is not in the interests of the publisher - and the present contract is not designed for this - to provide the buyer with anything that goes beyond the quality agreement according to Section 4.1 4.3 In accordance with section 4.2, information in catalogs, price lists and other information material provided to the buyer by the publisher are in no way to be understood as such guarantees for the special quality of the delivery item The buyer only has a warranty claim against the publisher if he checks the delivery item after delivery and notifies the publisher of any defects in writing immediately, but no later than two weeks after delivery; Hidden defects must be reported to the publisher in writing immediately after they are discovered. 5.2 Defects in only part of the delivered goods do not entitle the customer to withdraw from the contract, unless the partial delivery is of no interest to the client. The same applies to the customer's claim for damages instead of the entire service. 5.3 Defects subject to warranty are countered by the publisher either by remedying the defects free of charge for the buyer or by replacing a defect-free part or the entire delivery item. 5.4 If the publisher refuses to fulfill the contract seriously and finally, or if the elimination of defects or the replacement delivery fails, if it is unreasonable for the buyer or if the publisher has refused to do so according to Section 439 (3) BGB due to disproportionate costs, the buyer can choose to withdraw from the contract in accordance with the statutory provisions Reduce the purchase price or, if necessary, demand reimbursement of expenses (limited to the amount of the retail price of the book, excluding membership fees). Members are excluded from this because they already receive a reduced amount (special price). 5.5 The period of limitation for warranty claims for the delivery item is 12 months from the date of delivery to the buyer. 6 Compensation for damages and limitation of liability 6.1.1 Bruderinfo Verlag is not liable for deliveries and the products of other publishers and products, only for the books that are directly from the publisher. 6.1.2 The Bruderinfo Verlag is liable according to the generally applicable legal regulations of the Federal Republic of Germany, as far as these are not grossly negligent and unless clause 6.2 provides otherwise. 6.2 Exceptionally, the publisher is liable (limited to the amount of the contract-typical, foreseeable damage for the slightly negligent breach of essential obligations from the contractual relationship); otherwise b) not at all for the slightly negligent breach of insignificant obligations from the contractual relationship. 6.3 This applies to all claims for damages, regardless of the legal basis, in particular to liability for tort. 6.4 The buyer is obliged to take appropriate measures to prevent and reduce damage. The publisher shall not be held liable for any content expressed in the books. 6.5 Compensation for damages can only be granted in the amount of the retail price of a book if this exists in accordance with Clauses 6,1,6.2. The buyer automatically agrees to point 6 in full when purchasing. 7 Retention of title 7.1 Our deliveries are made subject to retention of title in accordance with §449 BGB. The delivered goods remain the property of the Bruderinfo Verlag until all existing main and secondary claims from previous and future deliveries have been paid in full. 7.2 In the event of a resale, the buyer must retain the conditional ownership of the goods to which he is entitled to his customers until they have paid the purchase price in full 7.3 The buyer hereby assigns all claims of the buyer from the resale of the reserved goods to the publisher as security. The publisher accepts this assignment. 7.4 If the buyer accepts the claims arising from the resale of the reserved goods in an existing current account relationship with a third party, the recognized periodic balance is deemed to have been assigned to the publisher after the individual current account claims have been netted. The same applies to the final balance that arises upon termination of the current account relationship if the periodic balance is in turn entered in the current account. The publisher hereby also accepts this assignment. If the publisher's claims are included in an existing current account relationship with the buyer, the agreed retention of title shall serve as security for the publisher's balance claims. The buyer is obliged to notify the publisher immediately of any access by third parties to the reserved goods or the claim from resale. The publisher is entitled to disclose the assignments and to collect claims itself. After full payment of all claims of the publisher from the business relationship, the ownership of the goods subject to retention of title passes to the buyer without further ado. 8 Prices 8.1 All orders are carried out at the prices that are valid when the order is received by the publisher to adhere to all price determinations made by the publisher for price-linked publisher products. Intermediaries have to oblige their customers accordingly. In the event of non-compliance, the publisher is entitled to stop further deliveries. If the publisher has doubts that the fixed retail prices will be adhered to, it is entitled not to accept the order and to refrain from delivery. 8.3 The publications of the Bruderinfo Verlag as well as the publisher's CDs and DVDs are not subject to the fixed price. Recommended non-binding prices are given for them. The prices stated on the invoice are binding. If the publisher has announced price changes before the order is received, the new prices will apply. 8.4 Shipping costs will be invoiced additionally. 8.5 Our usual discount scales apply. Payment is due upon receipt of the invoice or upon online confirmation, unless otherwise agreed . Payments in foreign currencies are accepted taking into account the current exchange rate. Cash discounts are not granted. Checks are only accepted on account of payment. Payment is only deemed to have been made after the check amount has been credited without reservation. Bank charges and bank charges are to be paid directly by the buyer. 10 Default in payment In the event of default in payment, all further claims of the publisher still open at the time the default occurred are due immediately. The publisher is entitled to withdraw from the contract if the buyer is in default of payment. The publisher can charge default interest at the statutory rate on the total claim from the onset of default. The assertion of further damage caused by default remains unaffected. The publisher is entitled to exclude a defaulting buyer from further deliveries and to terminate existing business relationships for other reasons that are essential to him.11 Right of return A right of return only applies to books with the exception of the titles of the Bruderinfo Verlag. No returns will be accepted without the publisher's written consent. The buyer bears all costs and the risk of the return. In the case of returns, the publisher reserves the right to charge a reasonable processing fee or a penalty for damaged titles. 12 Delivery addresses When ordering magazines, the customer undertakes to inform the publisher of the name and address of the end customer when placing the order. The publisher undertakes to use this information in compliance with data protection regulations only for internal purposes. 13 Place of fulfillment and place of jurisdiction The place of fulfillment for all payment obligations of the buyer is the registered office of the publisher. The place of jurisdiction for both parties is the local court responsible for the registered office of the publisher. ________________________________________ Instructions on cancellation Right of cancellation Instructions on cancellation right according to Article 246a § 1 Paragraph 2 Clause 1 2 EGBGB You have the right to cancel this contract within 14 days without giving reasons. The cancellation period begins fourteen days from the day - on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. - On which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods as part of a single order and which were delivered separately. - On which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece. In order to exercise your right of withdrawal, you must inform us Bruderinfo Verlag Holzhof 1076768 BergMail: info@bruderinfo.de - by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the stored sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired. The following are excluded from the return: 1. Food supplements and foods that are no longer sealed. Nutritional products can only be returned in their original packaging, closed and sealed. Otherwise they are no longer marketable for reasons of health protection or hygiene. Goods that have to adhere to a cold or freezer chain, which can spoil quickly or whose expiry date would quickly be exceeded, are generally excluded from return. Goods if these have been inseparably mixed with other goods after delivery. 4. Membership applications Consequences of cancellation: If you cancel this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the one we offer , have chosen cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which the notification of your cancellation of this contract was received by us. For this repayment we use the same means of payment that you used for the original transaction unless you have expressly agreed otherwise, in no case will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, ever after which is the earlier point in time for protection in the original shipping box or another sturdy outer box. If possible, enclose a copy of the invoice or the order confirmation. Please also include a fully completed form for the cancellation policy. THANK YOU: You bear the cost of returning the goods. We only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods. End of the cancellation policy.
Share by: