(See § 7 Withdrawal)
As of 11/04/2018 according to the new EU General Data Protection Regulation (EU-DSGVO)
§ 1 General
1.First The business relationship between the GENOSVerlag Mueckenheim GbR Countess to Muehlen (hereinafter "Publisher") and the customers of the online shops only accept the following terms and conditions. Deviating conditions of the customer not to allow the Publisher, unless she has expressly consented in writing.
2.Second The publisher assumes responsibility for customer-supplied products and virtual goods and presents them in his shop for sale. For those not content publisher's own products and the customer is always liable because all products are set as the customer provides it to the publisher from the sending and the publication of a substantive guarantee and indemnity is granted.
3.Third Information about the specific contractual relationship between the publication of the customer is under the category "What we do for you".
§ 2 Contract conclusion and resignation
1.First The contract including these terms and conditions between the customer and the publisher comes from the fact that the customer of it into the online form on the website order entered by a mouse click or by pressing the 'Enter' button on "Order" as a binding offer sends to conclude a contract to the publisher. The publisher then sent through the confirmation of receipt of such order and subsequent status reports do not represent acceptance of the offer, the publisher accepts this offer instead of only by delivery of the goods or by an order confirmation within a reasonable time.
2.Second The publisher reserves the right to accept the offer for the particular case that are contained on the website of writing, printing or calculation errors, become the basis of the offer of the customer and for the case of interim price adjustments of its suppliers.
3.Third The contract will be stored after the conclusion of the contract by the publisher and the account can be accessed at any time.
4.If the publisher is not in spite of contractual obligation by its suppliers deliver the ordered goods, the publisher is entitled to resign. In this case the customer is immediately informed that the product is not available. The purchase price already paid will be refunded immediately.
5.The customer may withdraw his hand in writing (via e-mail) NEW: Text form instead of written form or/and by returning the original packaging within two weeks of the contract. The cost of the return shall in any case, the customer. It should be noted that the publisher can keep back a the deterioration of the goods caused impairment.
6.For virtual products because of their nature is a return impossible, see § 5 Withdrawal.
§ 3 Contract Term, Termination
1.First Unless the specific offer states otherwise, the contract is extended automatically by the relevant minimum contract period / first contract period, unless it is terminated by either party by giving one month to the respective maturity date. If the first contract period longer than one year, the renewal periods of one year amount to.
2.Second Terminations must be in writing, with one sending an email to Kontakt@genosverlag.de sufficient to maintain this form. The contract can be terminated on the effective and secure customer service area, provided this option is available.
§ 4 Transfer of the goods
1.First The handover of the goods by delivery to the customer's delivery address. The possibly applicable shipping costs are displayed to the customer before completing the order on the order page. For deliveries abroad the customer the additional taxes and duties. The publisher will comply with the deadlines specified on the website basically, if you have made your own supplies from wholesalers and print shops in the specified time. The publishing company or its agent to be delivered is entitled to partial deliveries. This incurred additional costs to the customer will not be billed.
2.Second During the delivery of virtual goods (ebooks, pdf works, jpg photos, or other formats) to the buyer after the publisher was able to record the receipt of the purchase price, any costs incurred by the customer. For foreign or pirated copies of The Publisher assumes no responsibility or liability.
3.Third For the downloadable via the shop virtual goods subject to the license conditions of the copyright holder. Unless the virtual Well, no special license conditions of the copyright holder is attached will be given a simple, non-transferable right to private use of the good. With the intention of commercial use, the publisher is set to advance in knowledge and obtain its consent.
4.Complaints about undelivered products can be recognized from the order date within 14 days.
5.All products come with a product number and all incoming and outgoing products are identified with a particular pixel and can be identified at any time again.
§ 5 Prices, Payment, Retention of title
1.First The information presented on our website prices are inclusive of statutory VAT
2.Second The purchase price and the reported shipping costs are due immediately with the order. If the customer defaults on payment, the publisher shall be entitled to charge interest at a rate of 5% above the European Central Bank announced base rate to demand. If the publishing house, a higher default damage detected, the publisher is entitled to claim it.
3.Third The customer has the choice of the ordering process as part of the payment methods offered. For the case of return or dishonor of a debit note to inform the customer placing the order with the bank irrevocably to the publisher's name and current address.
4.The delivered goods until full payment is the property of the publisher.
5.The set-off by the customer is allowed only if his claim is undisputed or legally or by the publishers acknowledged. He is also the right of retention only insofar as his counterclaim is based on the same contract
6.If the purchaser of his statutory right of cancellation (see cancellation policy), he has to pay the regular cost of the return if the delivered goods ordered and if the price is not the issue returned an amount of 40 € exceed or if the purchaser with a has provided higher price the thing at the time of the revocation yet the return or a contractually agreed part payment. Otherwise, the return for the customer is charged.
§ 6 Liability for defects
1.First If the publisher is responsible for the defect in the purchased goods, may require the customer of the store fulfillment (defect removal or replacement). The publisher is not willing to remedy due to disproportion in the position or not, or should this be delayed beyond a reasonable period for reasons for which the publisher, or fails in any way the subsequent performance, the customer is entitled to choose a to require abatement of the purchase price or rescind the contract.
2.Second Unless otherwise stated below, further claims of the customer - for whatever reasons - are excluded. The publisher is not liable for damages that are not caused to the item itself, in particular publisher is not liable for lost profits or other financial damages of the customer. If liability is excluded from the publisher or limited, this also applies to the personal liability of employees, representatives and agents.
The foregoing limitation shall not apply if the damage was caused by intent or gross negligence or personal injury. Unless the publisher negligently breached a contractual obligation to indemnify for damages to the typical damage is limited.
3.Third The limitation period is twenty-four months from delivery.
§ 7 Right of withdrawal
You may renew your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if the customer the goods before the deadline expires - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled the information requirements of the publisher under Article 246 § 2 in connection § 1, paragraph 1 and 2 of the draft Law and duties of the publisher according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or the thing. The revocation must be sent to: GENOSVerlag Mückenheim GbR Countess for Mills, Friedensstr. 29, D-39240 Calbe, e-mail address: email@example.com
The right does not apply to contracts for the supply of audio or video recordings or software if the delivered data carriers have been unsealed by the customer, and to contracts for the supply of goods which are produced according to customer specifications or which by their nature are not suitable for return as are downloads of audio files, ebooks, pdf documents or software (§ 312d paragraph 4 No. 1 and 2 BGB).
§ 8 Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) surrendered. Can the customer shall furnish the services received and benefits (eg usage advantages) do not give or partially, or not, or only in deteriorated condition, or must the customer shall pay compensation for lost value. Provide for the deterioration of the benefits derived and the customer must pay compensation only if the use or the deterioration in their dealings with one of the thing is due, of the test - goes beyond the features and operation. By "testing the properties and functioning" refers to the testing and evaluation of each product, as if it were a customer in a retail store - is due. In addition, customers can avoid the obligation to pay compensation for a purpose by putting the goods caused by the goods as his property in use and omitting everything, which impairs their value and customary. Transportable items are returned at the risk of the publisher. The customer has to pay the regular cost of the return if the delivered goods ordered and if the price is not the issue returned an amount of 40 € exceed or if the customer at a higher price the thing is not the time of withdrawal in return or has made a contractually agreed part payment. Otherwise, the return for the customer is free. Not parcel shall be collected from customers. Obligations to reimburse payments must be made within 30 days. The period begins for the buyer with the dispatch of the revocation or the thing for the publisher with their reception.
§ 9 Warranty and Liability
1.First The customer is subject to the following paragraphs 2 to 4, the statutory warranty claims.
2.Second Customer claims for damages are excluded. Except for claims for damages are the customer from the loss of life, limb, health, or from the violation of essential contractual obligations (cardinal obligations) and the liability for other damages based on intentional or grossly negligent breach of duty of a publisher, his legal representatives or agents . Material contractual obligations are those whose performance to achieve the objective of the contract is necessary.
3.Third In violation of essential contractual obligations, the publisher shall be liable only to the contract-typical, foreseeable damage if this was simply caused by negligence, unless there are claims of the customer from an injury to life, limb or health.
4.The limitations in paragraphs 2 and 3 shall also apply for the legal representatives and agents of the publishers when claims are made directly against them.
5.If the customer is an entrepreneur, a legal person under public law or public law special fund, the liability is limited except in cases of willful misconduct or gross negligence on the sum of the contractual charges payable by the customer for a period of two years prior to the paid damaging event in the context of the specific contract to the publisher.
6.The provisions of the Product Liability Act remain unaffected, as any one of claims by the publisher or a third party guarantee provided for the quality of the thing or that thing the reserves for a certain time a certain condition.
The section "Withdrawal," "Consequences" and "Warranty and Liability," and the complete text should be shown in bold, as is regulated by law that the period specified in Conditions Note highlighted on right of withdrawal, withdrawal effects as well as warranty and guarantee conditions for distance contracts represent is.
§ 10 Data Protection
1.First The publisher protects the private data submitted by the customer and the customer's personal information is not available for use by others.
2.Second The customer authorizes the publisher with the mailing of the order, the process in connection with the business relationship data in terms of data protection laws, store, analyze and use.
3.Third The customer has a right to know and a right to rectification, blocking and deletion of stored data. If deletion or legal retention requirements, contractual or other legal grounds, the data is locked.
4.Detailed information about the nature and extent of the data storage of personal data receives the customer under the heading "Privacy."
§ 11 Copyrights
1.First The customer retains sole copyright, if there is no mandated change has come from the publishers.
2.Second The customer agrees to the transfer of his works to the publisher for publishing and selling, that he is the owner of all the contractual use of the data necessary rights (especially the title rights, distribution rights and the rights provided images, such as the book cover and other product) and that third party rights, in particular copyright, trademark and unfair competition rights, to the contrary. The Customer shall respect the publisher of third-party claims and the cost of litigation and a reasonable legal defense (including attorneys' fees).
3.Third The publisher grants the customer, provided one of their own and other texts, photos and all other products, a limited right of use. It is not permitted to grant third party rights. In particular, a sale is therefore not permitted, including the production of additional copies for this purpose. Use of the publishing products for other Internet sites of customers are permitted only after the lawful acquisition.
4.The right of reproduction to produce copies of the work as a law (§ 16UrhG) is, in principle under German law is not affected by placing a link.
§ 12 Exemption
The Customer will compensate the publisher with all damages resulting from a violation of the above provisions, unless he has control over this. The compensation also covers the reasonable cost of any necessary legal defense. The publisher will inform the customer immediately, if they make themselves or third party claims appropriate and gives the customer the opportunity to comment.
§ 13 Information Obligation: OS Platform "Online Dispute Resolution"
Lt. § 36 and 37 VSBG (Consumers' Dispute Settlement Act), traders must point to the OS platform on their website. There is also a link to the platform. Important: The link is active and clickable! The link to the OS platform can be found here: https://webgate.ec.europa.eu/odr/ Dealer E-mail address: firstname.lastname@example.org
The link is placed for consumers "easily accessible" by color-highlighting
The e-mail address of the dealer is also there
We are not obliged to participate in a dispute settlement procedure before a consumer sacking office.
§ 14 Final provisions
1.First German law applies under exclusion of UN sales law.
2.Second If the customer is a merchant, legal person under public law or public law special fund, the exclusive place of performance and jurisdiction for all disputes arising under this contract shall be the office of the publisher. The same applies if the customer has no general jurisdiction in Germany or if his habitual residence at the time the action is not known.
3.Third If any provision of the contract with the customer including these general terms and conditions in whole or in part, be or become invalid, the validity of the remaining provisions shall not be affected. The fully or partially invalid provision shall be replaced by a provision that the business purpose of the invalid provision as closely as possible.
This is an automatic translation
Questions please email: Kontakt@genosverlag.de