Überwinder Verlag

Terms and Conditions

1 Scope of Application

For all present and future business relations the following terms described in their current version at the time of order are exclusively to be applied. Any deviant, contradictory or additional terms and conditions on the part of the customer will – even with knowledge by us – only be part of the contract if we have given our consent to its validity in written form.

 

2 Conclusion of Contract

By placing an order the customer declares bindingly to purchase the article.

 

We are entitled to accept the offer of contract contained in the placement of the order within two weeks upon receipt. If there is no response within this period of time the order is regarded as rejected.

 

The contract of purchase results by our acceptance of the offer of contract contained in the order. The acceptance of the order is either carried out by an explicit written declaration or by receipt of the product at the recipient.

 

If the order was placed by electronic means we will immediately confirm the receipt of order. The acknowledgement of receipt is generated automatically and does not already present a binding declaration of acceptance.

 

If the order was placed by electronic means the wording of the contract (order, terms and conditions) will be stored by us. We will send you the text of the contract on request.

 

3 Exception of Unavailability

We reserve the right to refrain from completion of the order if we don’t have the ordered products in stock and if those are also not available at the publisher respectively at the supplier. In this case we will instantly inform you about the non-availability and refund an already paid purchase price instantaneously.

Orders will leave the distribution center – depending on the availability of products – usually in the space of one to ten working days. Products which are not on stock will be provided as fast as possible. We endeavor to send out the orders in a single shipment. This may mean in individual cases that missing articles have to be provided on short call so that all products can be shipped as full delivery. If missing articles can’t be provided on short call, we will ship first the products on stock. The missing articles will be sent forward as quickly as possible - plus the standard shipping costs incurred.

4 Cancellation policy (not applicable for contractors)

4.1 Cancellation right

You can revoke your contractual statement without stating reasons within 14 days in written form (e.g. letter, fax, e-mail) or – if you have obtained the goods prior to expiry of the deadline – by returning the goods. The deadline begins after receipt of this notification in written form, but not before the goods have been received by the consignee (at the recurrent delivery of similar goods not prior to the first partial delivery) and also not before the fulfillment of our information obligation according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our obligations according to § 312e paragraph 1 Section 1 and 2 of the Introductory Act to the German Civil Code (EGBGB). To observe the revocation period the timely dispatch of the revocation or goods shall suffice. The revocation is to be directed at:

Der ÜBERWINDER Verlag

Greg Violi

Eschenweg 12a

33813 Oerlinghausen

info@ueberwinder-verlag.de

 

4.2 Consequences of cancellation

In the event of an effective revocation the services received by both parties are to be returned and where required any profit drawn are to be surrendered. If you are not able to return the service received in whole or in part or only in a deteriorated condition, you will need to offer a compensation of equal value. This does not apply to items relinquished if the deterioration of the goods is exclusively attributed to its inspection – as might have been possible in a retail business. You are only obliged to offer compensation for the deterioration of the goods and for any profit drawn, if the use or the deterioration are to be traceable to a kind of usage of the goods, which goes beyond the testing of the characteristics and functioning of the goods. In addition you may avoid the obligation to pay compensation for deterioration originated by proper use of the goods by not using the goods as your own property and refraining from a kind of usage which would affect their value. Any goods eligible for shipping are to be returned at our risk. You’ll have to carry the costs of the return if the delivered goods corresponds to the ordered ones and if the price of the returned goods does not exceed 40 Euro or if in the case of a higher price of the goods you have not yet, at the time of the revocation, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the return is free of charge for you. Goods that are not eligible for shipping will be picked up. Obligations to reimburse payments must be discharged within 30 days. The deadline begins for you with sending of your declaration of revocation or the goods, for us, with their reception.

 

4.2.1 Agreement for the coverage of costs

In case of making use of your right of cancellation, you shall bear the regular costs for the return, if the delivered goods corresponds to the ordered ones and if the price of the returned goods does not exceed 40 Euro or if in the case of a higher price of the goods you have not yet, at the time of the revocation, provided the compensation or have not paid a contractually conditioned partial payment. Otherwise the return is free of charge for you.

 

End of Cancellation policy

 

5 Prices and shipping costs

Our prices are final prices in euros. They include the statutory sales taxes plus the correspondingly displayed shipping costs. In the case of orders in which the shipping is done in several deliveries, consequently there will be incurring regular shipping costs for each single delivery. For merchants and book tables special conditions apply, which will not come into force before the consignation of the trade certificate. Those are, if no other individual arrangements are provided in a contract, identical for all book dealers.

 

5.1 Shipment within Germany

Starting from an order value of 100€, we will deliver free of charge within Germany.

Prices for shipping are shown in the following table:

 

Germany

 

Weight

Costs

< 1kg

2,40€

<2kg

4,10€

<10kg

5,90€

 

EU

 

Weight

Costs

< 1kg

7,00€

<2kg

8,90€

<5kg

17,00€

<10kg

22,00€

 

Switzerland

 

Weight

Costs

< 1kg

7,00€

<2kg

15,90€

<5kg

30,00€

<10kg

35,00€

 

Packaging material was considered in measurement of weight.

 

Specific import and customs conditions must be observed and borne by the customer. The costs incurred for these will be passed on directly to customers in any case.

 

6 Terms of delivery and payment

We normally deliver your order within 1 to 10 working days.

The quoted prices apply under reservation of any adjustments made by the publisher. In this case the fixed store price at the day of delivery of the goods is applicable. The catalogue prices are also applicable abroad.

In any case all articles remain our property until they have been fully paid (according to § 449 BGB, German Civil Code). We are entitled to withdraw from the contract and to reclaim the goods if the customer behaves contrary to the terms of agreement, in particular in case of delayed payment.

 

We only deliver against advance payment.

 

7 Warranty

Upon receipt of the goods the customer is obliged to check the goods with regards to obvious transport damages and completeness.

In the event of any kind of reclamations, the customer has to inform as immediately (only via fax or e-mail).

If the delivered goods are defective, we reserve ourselves the next steps according the following possibilities: remedy of the defect, delivery of replacement goods, refund of purchase price or follow-up according to agreement between the customer and us.

 

8 Copyright / Intellectual Property

We reserve all rights for each text, each design and all graphics, extracts, audio samples, reviews and all further statements on our website.  The copying or reproduction of the entire website or parts of the website is only permitted for the purpose of placing an order. All other trademarks, product names, names of publishers, labels or company names alternatively logos quoted or used on this website are the sole property of the respective holder. The copying of book covers, audio samples, CD- or DVD-covers, images of articles, any graphical objects and design in general, product information, specification of products as well as software based options and features of the online shop, which are our property, are only allowed to be used outside of the Der ÜBERWINDER Verlag Online Shop after previous agreement in any form.

 

9 Reservation of Ownership

The goods remain our property until they have been fully paid (according to § 449 BGB, German Civil Code). We are entitled to withdraw from the contract and to reclaim the goods if the customer behaves contrary to the terms of agreement, in particular in case of delayed payment.

 

10 Declaration of Privacy

 

10.1 Personal Data

Personal data are information that may be used in order to learn the identity of the customer. These can be for instance information like the real name of the customer, address, postal address, phone number. Not included is information that is not directly associated with the real identity of the customer (e. g. statistics on the website). In principle the customer can use our online offer without disclosure of identity. In the event of order of goods we need the real name for delivery and billing, if necessary further information about the customer (e. g. company, address, phone number for queries). This information is deposed by us on protected servers in Germany and on the company’s computers. Access to this information is only possible for specially authorized persons which are concerned with technical or commercial support. In conjunction with access by the customer there will be data stored on the above mentioned servers for backup purposes, which will possibly allow a form of identification (e. g. IP address, date, time of day and pages viewed). There will be no individual-related exploitation of the data. We reserve the right for statistical evaluation of anonymized data sets.

 

10.2 Storage and Transfer of individual-related information to third parties

We will only transfer individual-related information to third parties as long as it required for completion of the services requested by the customer (e.g. order of goods and delivery, sending of the newsletter). In the event of order of goods or services the data required for order processing will be passed on to affiliate companies (e.g. Deutsche Post, DHL or other). In these instances the scope of the transmitted data is yet limited to the required minimum. In all other cases no private data of the customer will be passed on to third parties without his express agreement. Insofar as we are obliged legally or by court decision, we will transfer the above mentioned data to respective authorities.

10.3 Right of information and deletion

The customer has always the possibility to obtain information free of charge about the data stored concerning his person. For this purpose it is possible to refer to the contact person in charge of the order processing who is mentioned under “contact”. By request these data will be deleted and blocked or adjusted, which – in all three cases - has to take place in written form (e-mail, fax, letter). Data used for purposes of invoice or accounting are not affected by cancellation or deletion.

 

10.4 Use of Cookies

In the online offer of Der ÜBERWINDER Verlag “cookies” (small files with configuration information) are used to realize user functions (shopping cart).

 

10. 5 Google Analytics

This website uses Google Analytics, a web analytics service of the Google Inc. (“Google”). Google Analytics uses so called “Cookies”, which are stored on your computer and which allow analysis of the use of the website through you. The information generated by the cookie regarding your use of the website are usually passed on to a Google server in the United States and stored there. In the case of activation of IP anonymization on this website, yet your IP address will be shortened beforehand by Google within the member states of the European Union or in other contracting states to the agreement on the European economic area. Only in exceptional cases the entire IP address will be transferred to a Google server in the United States and shortened over there. On behalf of the host of this website Google will use these information to evaluate your use of this website, to compile reports on website activities and to provide other services relating to the use of website and internet usage to the site host. The IP address passed on by your browser within the scope of Google Analytics are not merged with other Google data. You can prevent the use of cookies by selecting the relevant settings on your browser software; however please note that in this case you may possibly not be able to make full use of all features on this website. Beyond that you can prevent the transfer of the data - which is generated by the cookie and related to your website usage (incl. your IP address) - to Google as well as the processing of this data by Google, by downloading and installing  a browser plug-in which is available via following link: Google Analytics Opt-out Browser Add-on[A1] . Given the debate about the use of analytics tools with full IP addresses we would like to point out that this website uses Google Analytics with the extension “_anonymizeIp()” and IP addresses will therefore only be processed in a shortened form to prevent direct reference to individuals.

 

11 External links and Information

The Der ÜBERWINDER Verlag Website and our print media contain information and links to websites of third parties. These websites are subject to the responsibility and liability of the respective hosts and we refuse any accountability for their contents. Our website can be linked or even integrated in external websites by third parties without our knowledge. We don’t take over responsibility for the illustration, the content or any connection to our site on the websites of other providers.

 

12 Other matters

If a part of these terms should become invalid, this does not affect the validity of the remaining parts. These terms don’t apply to retailers.


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