§ 1. General
(1) Thomas Wieneritsch, Ball 23, 51429 Bergisch Gladbach, Germany is the Provider.
(2) Our online shop is exclusively intended for commercial end consumers who use the goods or services in their independent professional, commercial, or official activities. Price information provided there is exclusive of VAT.
(3) We carry out all orders exclusively through on the basis of these General Terms and Conditions. Applicable is the version that at the time of your order is viewable. The current version of the Terms is permanently available on the Internet at GTC. There is also the option of printing out these terms and conditions with the help of the general browser functions or to copy to your hard drive or other storage medium. Our client is hereby expressly asked for inspection or copying and printing the Terms.
(4) Any purchasing conditions provided by the buyer shall be rejected.
(5) When registering in our online shop, the buyer/customer accepts the Conditions stored in the shop in their respective valid version as the basis of a business relationship.
§ 1.a. Registration
(1) Your registration in our online shop is totally free. However, there is no right to be admitted to our online store. Only legally competent persons may register. Enter the required data in the registration form completely and truthfully. To register you must choose a personal user name and password. Please make sure that the user name does not infringe third party rights, trademark rights and other rights to names or common decency. If you have chosen a password, you are obliged to keep it as a secret and not disclose it to anybody.
(2) Registration has no obligations connected with it – except that you agree with your acceptance of the validity of our own Terms and Conditions between you and us.
(3) If your personal information changes, you are responsible for their updating made after registration (login).
§ 2 Conclusion of the Contract
(1) The presentation of our products does not represent a binding offer on our part. Only the order by you is a binding offer to conclude the contract. Our information about products and prices are not binding.
(2.a) By paying the purchase price in our online shop you receive immediately, after submitting your order, an automatically generated e-mail confirming receipt of your order which constitutes an acceptance of the contract.
(3) If after the conclusion of the Contract the seller is acquainted with facts, which following a dutiful commercial discretion suggest a substantial property degradation, especially for the delay of payment for earlier deliveries, the seller is entitled to demand payment in advance and terminate the contract in case of refusal, while the invoices for partial deliveries already made become immediately due.
§ 3 Prices and delivery
(1) All price information in our online shop is in euros (€), for business customers plus VAT. For deliveries to foreign customers, these have no fundamental right to VAT refunds. Especially for small amounts under €65 we no longer perform any refund procedures.
(2.a.) For products from the download area of our book shops (e-book) the service is performed by means of data transmission to the customer’s storage medium. If we do not or do not according to the contract provide the goods/services, you must notify us to perform the service within an extension of two weeks. Only if we do not provide the service after the expiration of this period, you are entitled to withdraw from the contract.
(3) Please check the order confirmation and invoice for accuracy immediately upon receipt. Complaints can only be accepted within 8 days from receipt of delivery.
(4) The goods are shipped in packing units. Reserved are technical changes and changes in shape, colour and weight within a reasonable extent. We reserve the right to refrain from fulfilment of your order if the product is no longer with us or our suppliers. We will inform you immediately and where appropriate refund payments made on the unavailability of the goods.
§ 4 Payment Conditions
(1.a) The purchase price for products from the download area of our online stores (e-book) is due immediately with the order. You can pay for the goods via PayPal or similar service platforms. In addition, you have the option to pay in cash in advance (bank transfer). We use in safety-related transfers the transfer procedure "SSL" to encrypt your personal data.
(1.b) Payments in the download section of our book shops: In case of financial difficulties, chargeback or reversal caused by you, you shall be charged a fee of €8.50 per each reminder issued (by mail, e-mail, or phone) for the additional costs. If even after repeated reminders to pay the outstanding receivables the amounts due are not paid, we authorize, where appropriate, third parties to assert the outstanding accounts receivable.
(2) In case of default, we are entitled to charge default interest at a rate of 5% above the base rate of the European Central Bank, unless it is proven that the extent of damage is lower than that.
§ 5 Warranty & Liability
(1) Any obvious faults, omissions or hidden defects detected after receipt of the goods must be reported to us immediately after their discovery. Within the warranty case, we may replace the goods or issue a credit note at our discretion.
(2) If the remedy is unsuccessful, you have at your discretion the right to either cancel the purchase or reduce the purchase price.
(3) For business customers the warranty period is 1 year.
(4) Claims for damages can only be asserted in the case of intent, gross negligence, injury to the body, life and health, as well as in breach of the contractual obligations. Further claims by the purchaser are excluded, irrespective of their legal basis.
(5) Specifications, drawings, illustrations, technical data, weight, measurement and performance specifications contained in the brochures, catalogues, circulars, advertisements or price lists are for informative purposes only. We assume no responsibility for the accuracy of this information. Therefore, please understand that in terms of the nature and scope of the delivery, only the information contained in the order confirmation / invoice / confirmation e-mail are essential.
(6) In case of sudden interruption of downloading of a product from our shop's download range (e-book), we grant an additional downloading attempt without limiting your one-time right of use. Following the legislature, we are obliged to draw your attention to the fact that in accordance with § 312 para. 4 no. 1 and 2, Civil Code, no right of cancellation is granted for downloadable products, since due to their physical condition these are not suitable for a return.
(7) For other than the loss of life, limb or damage to health, we shall only be liable if these are based on intent or gross negligence or culpable violation of an essential contractual obligation by us or our agents. Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
(8) The data communication via the Internet cannot be guaranteed as being error free and / or available at all times at the current state of the technology. We therefore are neither liable for the constant and uninterrupted availability of our online shops nor for technical or electronic errors during a sales event over which we have no influence, in particular, not for the delayed processing or acceptance of offers.
§ 6 Withdrawal or return-right
(1) Under the terms of these Terms and Conditions for Business Customers (B2B) there is no withdrawal or return-right for books and e-books.
§ 7 Copyright for download-contents
(1) The download contents together with all contributions there-contained are copyrighted, what you already have expressly accepted by accepting the terms and conditions. With the purchase you acquire the simple, non-transferable right to use the download-content for personal use only and in accordance with the applicable copyright law and in the manner explained in each case (right of use). Accordingly, with the downloadable product you acquire no ownership.
(2) Any use and dissemination of the above-mentioned rights to third parties is expressly excluded. In case of violation, we reserve to take legal action. The e-book cannot be printed.
(3) To detect non-conforming abuse, the downloadable products are provided with individual digital watermarks that provided your personal information with a number and store it in an anonymous form. However, the numbers of the watermark of each person can be assigned to process particular requests from law enforcement agencies and can prevent total malfeasance as the illegal disclosure of downloadable products.
§ 8 Other
(1.a) The legal status of the Parties is governed by German law, excluding the UN Sales Convention. The exclusive place of jurisdiction for general merchants is Bergisch Gladbach, Germany. We are, however, also entitled to sue you at your general place of jurisdiction.
(1.b) For the download section in our online shop (e-book) the following applies: Unless you have a general jurisdiction in Germany or your residence has moved abroad after the conclusion of the contract or your residence at the time the action was unknown, jurisdiction for all disputes is the headquarters of Bergisch Gladbach, Germany.
(2) Changes or additions to these Terms and Conditions must be in writing. This also applies to the cancellation of this written form requirement.
(3) If any provision of this Agreement might be or becomes invalid, then thereby the effectiveness of the remaining provisions shall not be affected. In place of the ineffective clause, is a clause which most closely approximates the purpose of the invalid clause in this case. The same applies mutatis mutandis to gaps in the contract.
online dispute resolution (osr)
The European Commission provides a platform for online dispute resolution (osr). You can find the platform here: http://ec.europa.eu/consumers/odr/