General Terms and Conditions

 

Section 1 Scope

 

(1) These Terms and Conditions apply for the purchase agreement regarding products from the online shop of Eilbote Boomgaarden Verlag GmbH, hereinafter referred to as the Eilbote Shop, and the orderer, hereinafter referred to as the Customer. These Terms and Conditions can be printed, saved (“Save file as”) or downloaded in PDF format.

 

(2) The Customer shall be notified in writing, by fax or via email of amendments to these Terms and Conditions. Should the Customer not object to this amendment within four weeks of receipt of the notification, the amendments shall be regarded as having been acknowledged by the Customer. In the event of a change to the Terms and Conditions, the Customer shall not be informed again of his right of objection and the legal consequences of keeping silent.

 

 

Section 2 Conclusion of the Contract and Payment

 

(1) The items offered on the online shop of Eilbote Boomgaarden Verlag GmbH are invitations for an offer to be made by the Customer, and are not an already binding offer. By sending an order, the customer makes an offer to purchase the goods ordered. Eilbote Shop accepts the offer by sending confirmation via email within 7 working days. The confirmation email contains the cancellation policy, a cancellation form in accordance with the Distance Selling Act and these Terms and Conditions with or as well as additional information in accordance with statutory requirements.

 

(2) The goods are paid for via advance payment, credit card payment, PayPal, Giropay, instant transfer or invoice. Until full payment of the goods has been made, ownership is retained by EILBOTE Boomgaarden Verlag GmbH.

 

(3) Should Eilbote Shop not have accepted the customer’s order (e.g. because the goods are not available), Eilbote Shop shall inform the customer of this immediately and shall return any amounts already paid to the customer immediately, or arrange repayment of same. In the case of payment via credit card, the invoice amount is only reserved at the time of ordering, and the amount is only charged to the credit card account once the item has been dispatched from the warehouse.

 

 

Section 3 Delivery

 

(1) Eilbote Shop generally delivers goods stored in the warehouse within the Federal Republic of Germany within 2-5 working days. When delivering to elsewhere in Europe, delivery normally takes place within 5-14 working days. When delivering to outside of Europe, the delivery time is dependent upon the recipient country and the delivery method selected.

All available information about foreseeable delivery times or delivery periods are therefore non-binding, unless these have been expressly agreed as being binding by Eilbote Shop and the customer. Should Eilbote Shop be in default of delivery in the event of an expressly agreed delivery deadline, and should the customer grant Eilbote Shop a grace period, this shall last at least two weeks. Should this grace period expire without success, the customer is authorised to withdraw from the purchase agreement.

 

(2) Should an item not be deliverable or not be able to be delivered quickly, Eilbote Shop shall inform the customer as quickly as possible of the alternative delivery time, or that the delivery cannot take place.

 

(3) Eilbote Shop reserves the right to effect partial deliveries, provided that this appears to be advantageous and reasonable for the rapid processing of the order. Should a partial delivery be made, Eilbote Shop shall bear the additional delivery costs.

Should Eilbote Shop not be able to deliver the goods ordered by the Customer, for reasons for which it is not at fault, it expressly reserves the right to withdraw from the purchase agreement.

 

(4) It is not permitted for the contractual partner to assign a claim against Eilbote Shop, unless Eilbote Shop gives its consent to this explicitly and in writing.

 

Section 4 Storage of Customer Data

 

The orders are saved by Eilbote Shop following the conclusion of the contract. Eilbote Shop will gladly send a copy of the data at the Customer’s request. As a rule, credit card data and bank details are not saved by Eilbote Shop.

 

Section 5 Guarantee, Liability

 

(1) Guarantee

 

Statutory guarantee rights apply for our goods.

 

(2) Liability

 

(a) Insofar as claims for compensation for damages are asserted against Eilbote Shop, Eilbote Shop shall be liable for intent or gross negligence, including intent or gross negligence on the part of Eilbote Shop’s legal representative or agents. Except for in the case of wilful misconduct or gross negligence, the liability of Eilbote Shop is restricted to the damage that was typically foreseeable when the agreement was concluded.

 

(b) In the case of slight negligence, Eilbote Shop is only liable insofar as it has violated an obligation, the compliance with which is of particular significance for the achievement of the contractual purpose, such as the violation of an obligation when applying the delivery address, errors in selecting goods etc.

 

(c) Unless stipulated otherwise above, liability is excluded.

 

(d) Liability in accordance with the law on product liability remains unaffected (Sections 1 and 14 Product Liability Act).

 

(e) All aforementioned exclusions of liability and/or limitations of liability do not apply for damage to the life, limb and health of individuals.

 

Section 6 Right of withdrawal


Right of withdrawal

Consumers have the right of withdrawal. ‘Consumer’ means any natural person who, in contracts covered by this Directive, is actin for purposes which are outside his trade, business, craft or profession.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day.

To exercise the right of withdrawal, you must inform us

Eilbote Boomgaarden Verlag GmbH
Winsener Landstr. 7
21423 Winsen/Luhe OT Roydorf (Deutschland/Germany)
Tel: +49 4171-78 35 99
Fax: +49 4171-78 35 35
E-Mail: verlag@eilbote-online.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.


You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Exceptions from the right of withdrawal

The right of withdrawal does not exist, if:

- the supply of goods made to the consumer’s specifications or clearly personalized
- the supply of goods which are liable to deteriorate or expire rapidly
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications

Model withdrawal form


To:

Eilbote Boomgaarden Verlag GmbH
Winsener Landstr. 7
21423 Winsen/Luhe OT Roydorf (Deutschland/Germany)
Tel: +49 4171-78 35 99
Fax: +49 4171-78 35 35
E-Mail: verlag@eilbote-online.de


I/We (*)

 

hereby give notice that I/We (*)

 

withdraw from my/our (*)

 

contract of sale of the following goods (*)/for the provision of the following service (*)

  

- Ordered on (*)/                                               received on (*)

 

- Name of consumer(s)


- Adress of consumer(s)


- Signature of consumer(s) (only if this form notified on paper)

 

- Date

 


(*) Delete as appropriate.

 

 

 

 

Section 7 Deliveries Abroad

For deliveries to countries of the European Union (EU), the currently applicable value added tax of the Federal Republic of Germany applies. For orders from countries outside of the EU, we shall reduce our prices by the included German value added tax. We are not able to provide any information regarding the levying of customs duties and import duties. Payments from foreign banks can be made without additional fees within the EU when transfers are made using our IBAN and SWIFT codes:

 

IBAN code: DE 83 2075 0000 0007 0053 90

SWIFT (BIC) code: NOLADE21 HAM

 

Eilbote Shop will only process orders from abroad against pre-payment.

In this case, the customer will be sent an advance invoice.

 

Section 8 Book Prices

Books are subject to fixed prices in accordance with Section 3 Price Fixing Act. In the event of a price increase by the publisher, Eilbote Shop must charge the corresponding new price.

 

Section 9 Delivery Costs

(1) For each order, we shall calculate postal and delivery charges based on weight and the recipient country. The customer can see an overview here. The delivery costs are shown in the basket during the order process.

 

(2) Should the order be delivered in multiple part deliveries, Eilbote Shop shall only charge these costs once. In this case, Eilbote Shop shall bear any additional delivery costs.

 

(3) The delivery costs are calculated automatically and displayed during the order process in the online shop.

 

Section 10 Payment Terms

Via Giropay, Visa/Mastercard:

Eilbote Shop works with e-payment solutions.

Further information on Giropay >>

 

Via PayPal:

PayPal is an online payment service that allows customers to make payments in online shops securely, simply, quickly and free of charge.

Secure: The customer’s bank or credit card details are only made known to PayPal. They are therefore not transmitted via the internet during each online purchase.

Simple: The customer makes a payment via only a few clicks. The customer’s bank or credit card details stored by PayPal are used.

Fast: PayPal payments are quick. These allows the seller to send the goods immediately and for the customer to receive them earlier.

 

Via instant transfer:

Sofortüberweisung.de is a TÜV certified payment service that the customer can use as simply as online banking (with PIN and TAN).

Further information on immediate transfer >>

 

Until full payment, the delivered goods shall remain the property of EILBOTE Boomgaarden Verlag GmbH.

 

Section 11 Data Protection

(1) All personal information shared by the customer (title, name, address, date of birth, email address, phone number, fax number, bank details, credit card number) is collected, processed and saved by Eilbote Shop exclusively in accordance with the provisions of the German Data Protection Act.

 

(2) The customer’s personal information, insofar as this is required for the establishment, content-organisation or modification of the contractual relationship (personal data), will be used exclusively for the processing of purchase agreements between the contractual parties, such as for delivering goods to the address provided by the customer. Any use of the customer’s inventory data going beyond this for the purpose of advertising, market research or for the tailor-made design of our sites requires the express consent of the customer. The customer has the option to give this consent before placing the order. This declaration of consent is given on a voluntary basis and can be revoked by the Customer at any time without having to state any reasons.

 

(3) Insofar as the customer desires further information or wishes to retrieve or revoke the consent to the use of his data he has granted, or should he wish to object to the use of his usage data, the customer may contact our support department by sending an email to verlag@eilbote-online.de or by telephone on 04171 - 78 35 99.

 

Section 12 Dispute Resolutions

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes. In order to settle disputes arising from a contractual relationship with a consumer or from

whether such a contractual relationship exists at all, we are o

bliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in

this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de. We will participate in a dispute settlement procedure before this authority.

 

Section 12 Final Provisions

(1) Offers are non-binding and only apply within the Federal Republic of Germany. Slight deviations from the catalogue illustrations and information may occur.

(2) German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, to all disputes that arise from or as a result of this agreement.

(3) Should individual provisions of the contract between Eilbote Shop and the contractual partner, including these General Terms and Conditions, be or become ineffective in whole or in part or should any gaps be found, this shall not affect the validity of the remaining provisions.

(4) If the customer is a businessperson, Winsen/Luhe shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.

 

 

Winsen/Luhe, 13.06.2014