Terms and Conditions

Terms and Conditions

General terms and conditions
of A. Stein’schen Buchhandlung GmbH
Steinerstr. 10, 59457 Werl
Managing Director: Alexander Stein
As of 25.05.2018

§ 1 Jurisdiction of the General Terms and Conditions
§ 2 Conclusion of contract
§ 3 Withdrawal instructions
§ 4 Nonavailability clause
§ 5 Prices
§ 6 Shipping costs
§ 7 Return costs
§ 8 Terms of delivery
§ 9 Terms of payment
§ 10 Terms of use and license for electronic products
§ 11 Retention of title
§ 12 Warranty
§ 13 Customer Service
§ 14 Data protection
§ 15 Applicable law and place of jurisdiction
Imprint (German)

A.    Stein’sche Buchhandlung GmbH, Steinerstr. 10, 59457 Werl, shall carry out orders on the basis of the following General Terms and Conditions. The terms and conditions in force at the time of placing the order shall apply. The Consumer/Customer may download the text onto their computer or print it out. We will not accept any requests or provisions that deviate from these terms and conditions unless they are separately confirmed by us in writing. This contract is subject to the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts, even if ordered from abroad or delivered abroad. In the event of a legal dispute, the summonable address of our company shall be as follows:

A. Stein’sche Buchhandlung GmbH, Steinerstraße 10, 59457 Werl, Germany

§ 1 Jurisdiction of the General Terms and Conditions
1.1 The following General Terms and Conditions apply to the business relationship between A. Stein’schen Buchhandlung GmbH (hereinafter referred to as Seller) and the Consumer/Customer. The Seller does not recognise any deviations from the terms and conditions for the Consumer/Customer unless the Seller has expressly agreed to their validity.
1.2 These General Terms and Conditions of Sale and Delivery (hereinafter referred to as “GTC”) shall apply to all orders placed by Consumers/Customers and companies (hereinafter referred to as “Consumer/Customer”) for the ordering methods offered. All deliveries and services are provided exclusively on the basis of the following GTC in the version valid at the time of the order.

§ 2 Conclusion of contract
2.1 With the Consumer/Customer’s order in the online shop the Consumer/Customer makes a binding offer to the Seller. If the Consumer/Customer places an order, we send the Consumer/Customer an e-mail confirming receipt of the Consumer/Customer’s order and listing the details (order confirmation). This order confirmation does not represent an acceptance of the Consumer/Customer’s offer, but is only intended to inform the Consumer/Customer that we have received the Consumer/Customer’s order. The contract of sale is concluded when we accept the offer contained in the Consumer/Customer’s order to conclude a contract of sale by delivering the goods.
2.2 The Consumer/Customer’s order is initiated by entering all necessary details during the ordering process and finally sending the order form under “Order overview” by confirming by clicking on the button “ORDER WITH AN OBLIGATION TO PAY”.

§ 3 Information about Right of Withdrawal
See: Right of Withdrawal, Mandatory Consumer Information, below.

§ 4 Nonavailability clause
We reserve the right to refrain from executing the Consumer/Customer’s order if we do not have the title ordered in stock, the title not in stock is out of stock at the publisher and the ordered goods are therefore not available. In this case, we will inform the Consumer/Customer immediately of the unavailability and immediately refund any purchase price already paid by the Consumer/Customer.

§ 5 Prices
5.1 All quoted prices are valid and include value added tax (VAT) and, if applicable, shipping costs. Books and products published by German publishers are subject to price control.
5.2 Different prices may apply for deliveries to Austria, because the Federal Law on price control for books in Austria also obliges dealers from abroad to adhere to the fixed prices. If the actual price is lower for the Consumer/Customer, we will deliver the order without further notice. Should the legally bound price, however, be higher, we will always consult with our Consumer/Customers prior to delivery.

§ 6 Shipping costs
6.1 Germany:
For shipping within Germany we deliver postage-free.
6.2 Europe:
For deliveries to Austria we charge a flat rate of 6.50 EURO if the order value is less than 30.00 EURO. For orders over 30.00 EURO we deliver postage-free.
For deliveries to Switzerland we charge 10.00 EURO flat rate for shipping costs; from an order value of 50.00 EURO we deliver free of shipping costs.
For all other European countries we charge a flat rate of 12.50 EURO.

6.3 Countries outside Europe:
For shipping to countries outside Europe, we charge the following flat rates:
http://www.buchversand-stein.de/index.php?id=porto
In the case of delivery to Switzerland and other countries outside Europe, the purchaser is responsible for any taxes and customs duties incurred.

§ 7 Return costs
In the case of a withdrawal (§ 3) the Consumer/Customer has to bear the costs of the return if the delivered goods correspond to the ordered goods.

§ 8 Terms of delivery
8.1 We deliver through DHL or another logistics provider of our choice.
8.2 The delivery takes place after availability of the products and after the sending of our order confirmation, or after receipt of advance payment, within 3 working days. Unless otherwise agreed, delivery shall be from the warehouse to the delivery address specified by the Consumer/Customer.
8.3 If we are not able to deliver the ordered goods through no fault of our own because our supplier does not fulfil their contractual obligations, we are entitled to withdraw from the contract with the Consumer/Customer. In this case the Consumer/Customer will be informed immediately that the ordered product is not available. The Consumer/Customer’s statutory claims shall remain unaffected. Any advance payment made will be refunded immediately.

§ 9 Terms of payment
9.1 Unless otherwise specified, the purchase price shall become due upon conclusion of the contract. Payment shall be made by advance payment, invoice, SEPA direct debit, credit card or Paypal. We reserve the right to examine in detail and exclude individual payment methods used by the Consumer/Customer. This depends among other things on the creditworthiness of the Consumer/Customer.
9.2 For new Consumer/Customers there is a maximum limit of 100.00 EURO, up to which the purchase is possible against invoice. Excluded from this are orders from schools, school classes or the like.
9.3 Consumer/Customers whose billing and delivery address is outside the Federal Republic of Germany, as well as deliveries to packing stations, only have the option of payment in advance, Paypal or credit card.
9.4 In the case of prepayment, we will state our bank details in the order confirmation. In the case of payment by invoice, the payment amount is due immediately without deduction. Payment by invoice is only possible for Consumer/Customers 18 years of age and older.
9.5 Consumer/Customers are only entitled to a right of deduction if the Consumer/Customer’s counterclaims have been legally established in court or are undisputed or have been acknowledged by us in writing. Consumer/Customers can only exercise a right of deduction if the claims result from the same contractual relationship.

§ 10 Terms of use and license for electronic products
10.1 The Consumer/Customer shall not acquire ownership of the electronic products (eBooks, downloads or databases). The Consumer/Customer acquires a simple, non-transferable right to use the offered product exclusively for personal use. For the ordering of electronic products, A. Stein’sche Buchhandlung GmbH acts only as an intermediary. There is no right of withdrawal/return, since the Consumer/Customer uses a service with eBooks which is already rendered with the conclusion of the contract.
10.2 The content of an electronic product may not be changed either in content or editorially by the Consumer/Customer.
10.3 The Consumer/Customer is permitted to copy the electronic products exclusively for personal use. It is prohibited to pass on the electronic products to third parties (including friends, relatives, acquaintances), to make them publicly accessible or to forward them, to post them on the Internet or in other network media, whether for a consideration or free of charge, to resell them and/or to use the electronic products for commercial purposes of any kind. Further restrictions on the usability of the electronic products may result from the Digital Rights Management (DRM) described in more detail in the product description (e.g. limitation of the number of downloads or the number of playback devices that can be used).
10.4 Electronic products may be individually marked with a personal, visible or invisible, non-erasable watermark during download.

§ 11 Retention of ownership
Ownership of the delivered products shall not pass to the Consumer/Customer until the purchase price has been paid in full. The Consumer/Customer shall not be entitled to pawn, assign by way of security, process or modify the reserved goods prior to the transfer of ownership. If the Consumer/Customer is in arrears with one or more payments in whole or in part, if the Consumer/Customer stops making payments or if insolvency proceedings have been instituted against the Consumer/Customer’s assets, the Consumer/Customer may no longer dispose of the reserved goods. In such a case, we (the Seller) are entitled to withdraw from the contract without first having to set the Consumer/Customer a deadline for the provision of services. Even without withdrawing from the contract, we are entitled to demand the return of the reserved goods.

§ 12 Warranty
12.1 If the Consumer/Customer is the ultimate consumer, the warranty follows the statutory provisions.
12.2 This does not apply if the Consumer/Customer is a merchant within the meaning of the German Commercial Code (HGB) and the purchase is for the purpose of the merchant’s business:
(1) The Consumer/Customer assumes an obligation to examine and give notice of defects with regard to all deliveries and services of the Seller in execution of this contract in accordance with § 377 HGB (German Commercial Code).
(2) The Seller shall not be liable for damages that are not inherent to the products themselves; in particular, we shall not be liable for lost profits or other financial losses. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and fulfilment personnel.
(3) If the product has a defect for which the Seller is responsible, the Consumer/Customer may demand subsequent remedy (removal of the defect or replacement delivery). If the Seller is unable or unwilling to provide supplementary fulfilment due to disproportionality or if this is delayed beyond reasonable periods for reasons for which the Seller is responsible or if the supplementary fulfilment fails in any other way, the Consumer/Customer shall be entitled to demand a reduction in the purchase price or to withdraw from the contract.
(4) We expressly point out that warranty claims due to possible defects in electronic products are to be addressed directly to the contractual partner, i.e. the respective publisher. As intermediaries, we are not liable in this respect. We also assume no liability for the accuracy, completeness, availability and correctness of the information provided. Nor do we assume any liability for the usability of the information. We are not liable for the accuracy, completeness and timeliness of the products sold. Nor do we guarantee the usability of the information included with the products. We are not liable for lost profits or other financial losses of the Consumer/Customer.
(5) If a defect in our intermediary services for which we are responsible exists, the Consumer/Customer may demand remedy. If we are not in a position to provide remedy or are not prepared to do so due to disproportionality, or if such remedy is delayed beyond a reasonable period for reasons for which we are responsible, or if remedy fails in any other way, the Consumer/Customer shall be entitled to withdraw from the contract.
(6) The period of limitation for warranty claims is one year from the date of transfer of risk.

§ 13 Customer Service
If the Consumer/Customer has any questions, complaints or concerns, please contact our Customer service by e-mail at: kundenservice@buchversand-stein.de

§ 14 Data protection
14.1 Personal data is information which indicates the Consumer/Customer’s identity, such as name, address, postal address, delivery address, telephone number or e-mail address. We store the Consumer/Customer’s personal data only to the extent necessary for the processing of the Consumer/Customer’s order or, if the Consumer/Customer has given consent, for example to create a Consumer/Customer account. With the exception of shipping or payment companies involved, we do not pass on the Consumer/Customer’s personal data to third parties.
14.2 E-books and audio downloads: The files offered for download here may be individually marked with digital watermarks, so that in the event of misuse it is possible to investigate and prosecute the original purchaser in accordance with all mandatory legal regulations.
14.3 Information: Consumer/Customers have a right to information about the Consumer/Customer’s stored data free of charge and, if applicable, a right to correction, blocking or deletion of this data. If the Consumer/Customer has any questions about the collection, processing or use of the Consumer/Customer’s personal data, or if the Consumer/Customer needs information, correction, blocking or deletion of data, please contact: datenschutz@buchversand-stein.de
14.4 For further information please refer to our Privacy Policy.

§ 15 Applicable law and place of jurisdiction
15.1 German law shall apply, to the exclusion of the UN Convention on Contracts.
15.2 In the case of Consumers/Customers who conclude the contract for a purpose which cannot be attributed to professional or commercial activity, this choice of law shall only apply to the extent that this does not invalidate mandatory provisions of the law of the country in which the Consumer/Customer has their habitual residence.
15.3 For all disputes arising from the contractual relationship, if the Consumer/Customer is a merchant, a legal entity under public law or a special fund under public law, is the court in Werl.
15.4 Online platform (OS platform) for out-of-court settlement of disputes in transactions with consumers:
As online traders, we are obliged to inform the Consumer/Customer about the platform for online dispute resolution (OS) of the European Commission. This OS platform can be reached via the following Internet address: http://ec.europa.eu/consumers/odr/. We are legally obliged to inform the Consumer/Customer that the consumer mediation body responsible for the Consumer/Customer is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein (http://www.verbraucher-schlichter.de). At the same time we would like to point out that we are not prepared to participate in the dispute settlement procedure of this consumer arbitration board.

Authorised operator:

Managing Director: Alexander Stein
Contact: A. Stein’sche bookstore GmbH
Steinerstrasse 10
59457 Werl
Phone: +49 (0)2922 9500 100
Fax: +49 (0)2922 9500 333
E-mail: info@buchversand-stein.de
Arnsberg Court Commercial Register HRB 4080
VAT ID No: DE 126633535
Tax No.: 343/5744/0114
Tax Office: Soest Tax Office