Terms and Conditions
General
Terms and Conditions and Right of Revocation
You can also find our data protection declaration here:
https://www.nostheide.de/datenschutzerklaerung
As of: May 8th, 2018
§ 1 Field of Application and General Terms
For all business dealings between
w.
nostheide verlag gmbh
Registration court: Bamberg; HRB
746
represented by the managing directors, Jens Nostheide and Tim Nostheide
street
address:
Bahnhofstraße
22
96117 Memmelsdorf
Germany
Sales
tax ID no.: DE 132271195
Tel. +49 (0)951-40666-0
Fax +49
(0)951-40666-49
Email: info@nostheide.de
and
the customer, our General Terms and Conditions apply exclusively with
respect to the version valid at the time of the order. Deviating
conditions are only effective if they are confirmed by w. nostheide
verlag gmbh in written form.
Customers within the meaning of
the present General Terms and Conditions are consumers as well as
entrepreneurs. A customer is any individual person who concludes a
legal transaction for a purpose that can be seen as not belonging to
his commercial or his independent occupational operation.
An
entrepreneur is any individual or legal entity or a business
partnership having legal capacity, that acts, when concluding a legal
transaction, pursuant to its commercial or independent occupational
operation.
The contractual language is German.
§ 2 Conclusion of the Contract and Cancellation
All offers from nostheide verlag gmbh are subject to change and without obligation. The purchase agreement is concluded when we declare acceptance of the order (= click the button "Buy") by delivering the merchandise. In the case of textual, typographical and/or calculation errors on the website, w. nostheide verlag gmbh is entitled to cancellation.
Platform of the European Commission for Online Dispute Resolution: www.ec.europa.eu/consumers/odr
§
3 Right of Revocation
You
have the right to revoke your contractual statement within two weeks,
without stating a reason, in writing (e.g., by letter, fax, email)
or, if the merchandise has been provided to you before the expiration
of the time limit, by returning the merchandise.
The revocation
period commences upon receipt of this notification in writing,
however not before receipt of the merchandise by the recipient (in
the event of recurring delivery of similar merchandise, not before
receipt of the first installment thereof), and not prior to us
fulfilling our information obligation pursuant to art. 246
sec. 2 in conjunction with sec. 1 subs 1 and 2 EGBGB
(Introductory Act to the German Civil Code) as well as our
obligations pursuant to sec. 312g sub 1 no. 1 BGB
(German Civil Code) in conjunction with art. 246 sec. 3
EGBGB. The time limit is deemed to be observed by the timely dispatch
of the declaration of revocation or the return shipment. The
revocation is to be addressed to:
w.
nostheide verlag gmbh
Bahnhofstraße 22
96117
Memmelsdorf
Germany
Fax +49 (0)951-40666-49
Email:
info@nostheide.de
Consequences of
Revocation
In
case of a valid revocation, all
mutually received products as well as emoluments taken (e.g.,
interest), if applicable, are to be returned by either side.
If
you are unable or partially unable to return the merchandise to us or
only
return it in a deteriorated condition, then you have to insofar
compensate for its value where applicable.
This does not apply if
the deterioration is exclusively due to examining the merchandise, as
would have been possible for you in a retail store, for
example.
Apart
from that, you can avoid the obligation for compensation by not
putting the merchandise to use as a proprietor and refraining from
anything that impairs its value.
Things
that can be shipped by parcel are to be returned at our cost and at
our risk.
You are obliged to bear the costs of the return shipment if the
merchandise delivered corresponds to the merchandise ordered, and if
the price of the merchandise to be sent back does not exceed an
amount of 40 euros, or, where the price is higher, if you have at the
date of revocation not yet rendered consideration or made a partial
payment as agreed upon by contract. In all other cases, the return
shipment for you is free of charge.
All obligations of monetary
reimbursement must be fulfilled within 30 days. The time limit for
you commences upon dispatch of your declaration of revocation or of
the merchandise, for us it commences upon its receipt.
End of
revocation instruction
Exclusion of Revocation:
The right of revocation does not apply to distance selling contracts for the delivery of magazines (excepting subscriptions).
§ 4 Cost Agreement
If customers make use of their right of revocation, they are obliged to bear the regular costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or, where the price is higher, if they have at the date of revocation not yet rendered consideration or made a partial payment as agreed upon by contract. In all other cases, the return shipment for customers is free of charge.
§ 5 Packaging, Shipment, Delivery
Packaging and shipment are at customer's expense. Customers can find more information on this subject in our current delivery and shipment conditions. The merchandise is delivered from stock to the shipping address as provided by the customer. We strive for prompt delivery. In case of delays in delivery, we will inform the customer immediately by email or telephone. If the merchandise ordered is not available, we reserve the right not to deliver. Payments already made are immediately refunded in this case. Declarations regarding the period of delivery are without obligation, unless, by way of exception, the delivery date has been confirmed as binding.
§ 6 Due Date, Payment, and Default
The purchase price is due within seven days after ordering, without any deduction of discount. The customer can pay the purchase price by bank transfer, PayPal or direct debit. After the due date has expired ineffectively, the customer will be in default (of payment), without further explanation by w. nostheide verlag gmbh.
§ 7 Offset and Withholding
The customer has the right to offset or withhold only if his claims have been legally recognized or accepted by w. nostheide verlag gmbh.
§ 8 Prices
The prices at the time of the order apply. All prices are final prices in EUR and include the statutory value-added tax. For transnational deliveries, however, further taxes (e. g., in the case of an intra-community acquisition) and/or other charges (e. g., customs duties) can incur for the customer in individual cases.
§ 9 Retention of Title
w. nostheide verlag gmbh retains title to the merchandise delivered until the purchase price has been fully paid.
§ 10 Warranty for Defects and Liability
In case of a noticeable deficiency in material, production or transport, customers have to give notice promptly, at latest within two weeks after the merchandise has been delivered. During this period, there is, firstly, the possibility of replacement at no charge, or amendment (repair) at no charge. If this does not remedy the defects, customers are entitled, at their option, to rescind the purchase (redhibition) or to reduce the purchase price (abatement).
§ 11 Data Privacy
Personal
data of the customer are collected only within the scope of the
statutory provisions of the Bundesdatenschutzgesetz (BDSG; German
Data Protection Act) and of the Teledienstedatenschutzgesetz (TDDSG;
Tele Services Data Protection Act). w. nostheide verlag gmbh uses the
data with respect to business relations with the customer.
It is
possible at any time to have personal data changed or deleted, by
sending an email to barbara@nostheide.de. You can find further
information under "Privatsphäre und Datenschutz"
("Privacy and Data Protection") in our webshop.
§ 12 Applicable Law and Place of Jurisdiction
The
relations between the contracting parties conform to the laws of the
Federal Republic of Germany. With regard to consumers, this choice of
law applies only insofar as the protection provided is not revoked by
mandatory legal regulations in that state in which the customer has
his primary residence. The contractual language is German. The
regulations of the United Nations Convention on Contracts for the
International Sale of Goods (CISG) are not applicable.
The
exclusive place of jurisdiction for contracts with entrepreneurs is
Bamberg. w. nostheide verlag gmbh is also entitled to take action at
the customer's place of general jurisdiction.
§ 13 Severability Clause
If any of these provisions should be invalid, this does not affect the effectiveness of the remaining provisions. The invalid provision will be replaced by a legally permissible provision that is closest in meaning to the previous one in economic terms.
(English translation: Sybille & Bruce Whitehill, "Word for Wort")
