§ 1 General, Scope
The following general terms and conditions regulate the business relations between Braun Publishing AG (hereafter referred to as the publisher) and its customers in the respective version valid at the time of conclusion of the contract.
Customers in the sense of these general terms and conditions include private consumers as well as commercial customers. In those instances in which different regulations apply to private and commercial customers, these are presented separately under private or commercial customers.
§ 2 Conclusion of the contract
The offers of the publisher in the Internet represent a non-binding invitation to the buyer and not an offer.
By ordering the desired object of purchase in the Internet, via e-mail, letter or fax, the buyer provides a binding offer for the conclusion of a purchasing contract with the publisher.
The customer receives a confirmation of the receipt of the order via e-mail (order confirmation). This order confirmation does not constitute the acceptance of the offer, but only serves to inform the customer that the publisher has received the order. If necessary, the publisher will point out to the customer potential errors in the specifications of the range of products provided on the website and provide an according counteroffer.
The contract comes about if the publisher accepts this offer by sending the ordered goods to the customer.
The publisher does not offer items for purchase by minors.
§ 3 Payment, settlement date, overdue payment
Payment of the goods is on account. In individual cases, the publisher reserves the right to deliver upon advance payment.
The purchase price as well as potentially incurred shipping fees are due upon the dispatch of the ordered goods and have to be paid no later than within10 days after the invoice date.
If the buyer is overdue in payment, he/she will be responsible for all negligence occurring during this time.
During the overdue time, interest shall be charged on the purchase price in line with the statutory interest rate charged for delay payments. The assertion of further damages is not ruled out.
§ 4 Delivery
Delivery takes place via the dispatch of the purchased item to the address provided by the buyer or the delivery address.
Statements concerning the expected delivery time are non-binding unless the publisher has given the customer on an individual basis a binding commitment in writing.
Shipping fees incurred during the delivery will be charged to the customer. For delivery outside Germany, the customer bears the expenses of additional taxes and customs duties.
If the buyer purchases the item for commercial or occupational purposes, the risk of the goods shall pass to the commercial customer upon delivery of the goods to the forwarder or any other person charged with handling the shipping process.
§ 5 Revocation
The customer is entitled to revoke his/her declaration of intention concerning the conclusion of the contract without stating any reasons within two weeks of receiving the goods either in writing (e.g. letter, e-mail, fax) or by returning the goods to the publisher. The time period commences no earlier than receipt of this instruction, and not before receipt of the goods. To comply with the revocation period, it is sufficient to send out the revocation or the goods. The written revocation should be mailed to the address of the publisher, or e-mailed to info@braun-publishing.ch, or faxed. The return address for goods can be found on the bill of delivery. The customer bears the burden of proof for the dispatch of the returned goods.
In case of an effective revocation, benefits and potentially received uses received by both sides shall be returned. If the customer is unable to return any or part of the received benefits or only in a declined state, he/she must pay the publisher compensation for the lost value. It is explicitly stated that the customer has no right of revocation for delivered books and games if he/she has opened the sealed packaging (e.g shrink-wrap). In case of revocation, the publisher reserves the right to demand compensation for the decline of the goods based on the utilization of the goods beyond an initial examination.
Shipping costs for the return of the goods shall be borne by the customer if the delivered goods correspond to the ordered ones and the value of the order does not exceed € 40.00, or if the customer has not provided payment or partial payment at the time of the revocation. Otherwise, the publisher will reimburse the shipping costs to the customer.
For payments outside Germany, potentially incurred transfer fees will be deducted from the reimbursed purchase price. The publisher will utilize the right of retention until the complete return of the goods.
The right of revocation is ruled out for contracts concerning the delivery of customized goods (e.g. personal books).
In case of exclusion of the right of revocation and return, the customer shall bear the cost of renewed shipping of the goods to him/her.
§ 6 Retention of title
Until payment has been made in full, the purchased items remain the property of the publisher.
For commercial customers, the goods remain the property of the publisher until the complete settlement of all claims from the ongoing business relations.
§ 7 Prices
The indicated price is understood as an end price including the currently applicable value-added tax (7 % for books, 19 % for games) for Germany from where the books are being sent. The price does not include the shipping and handling fees, which will be charged separately.
§ 8 Warranty rights and limitation of liability
The warranty of the publisher is subject to the regulations stipulated by law.
The customer shall report and describe in detail immediately, and no later than two weeks after receipt of the goods, in writing any evident, and in particular visible, deficiencies of the delivered goods, including potential transport damages. Warranty claims of the customer arising from evident deficiencies are ruled out if this period is exceeded. The customer has to immediately report non-evident deficiencies of the goods to the publisher upon discovery during the warranty period of 24 months.
The publisher has the right to provide supplementary performance for deficient goods, which can take the form of either elimination of the deficit or by delivery of non-deficient goods. If the supplementary performance is not possible or if the publisher refuses to provide it, the customer has the option of either canceling the contract or asking for a reduction of the purchase price. In case of cancellation, the customer is obligated to return the goods to the publisher. The publisher will reimburse the cost of shipping in such a case.
The customer shall address all complaints to the publisher.
Properties of the ordered and delivered goods are not considered warranted, unless explicitly stated by the publisher. The publisher is only liable for damages of the goods themselves; potential consequential damage arising from the deficiency are ruled out insofar as it does not involve the lack of a explicitly promised property and the promise was made to rule out the risk of consequential damages. Further claims of the customer, regardless of their judicial basis, are also ruled out.
The above stated exclusion of liability does not apply to gross negligence and premeditation as well as damages to health and life, for claims arising from the Product Liability Act, in case of default or an impossibility caused by the publisher as well as deficiency in titles. The liability of the publisher is also not ruled out if he has culpably violated an essential contractual clause. For such a violation of essential contractual duties, the liability of the publisher is limited to the reasonably expected damages as long as it has not been caused by premeditation, gross negligence or the presence of promised characteristics.
The exclusion or limitation of liability also applies to the personal liability of employees, representatives and auxiliary persons.
According to the current state of technology, the data transfer via the Internet cannot be warranted to be error-free and/or constantly available. The publisher is therefore not liable for the constant availability of the Internet shop of the publisher.
§ 9 Privacy
Collection processing and use of individual-related data.
The publisher commits to protect the privacy of all individuals who buy goods from the shop operated by the publisher, and to treat all individual-related data confidentially.
Use and dissemination of individual-related data. The data provided by the customer is primarily collected, processed and used for the processing of the contract. It will only be conveyed to third parties if this is required for the processing of the order- especially in terms of providing subcontractors with order data, or if needed for billing purposes.
We would like to point out to our customers that, according to the current status of technology, it cannot be completely ruled out that unauthorized persons gain access to the transferred data during the data transfer process.
§ 10 Applicable law, place of jurisdiction
Swiss legislation is applied to the privity of contract between the involved parties without the conflict of laws rules of the international privacy law and with exclusion of the United Nations Convention on Contracts for the International Sales of Goods.
§ 11 Final provisions
If individual provisions of these general terms and conditions and/or the contract on which they are based are or become invalid, the applicability of the remaining provisions will remain in full force and the contract or general terms and conditions remain valid for both parties. In such a case, the contract participants are obliged to agree on a new provision, which comes closest to the purpose of the invalid provision, taking into account the interests of both parties. This applies mutatis mutandis in case of loopholes in the regulations.
In case of any uncertainties arising due to errors in translation, the German version of these general terms and conditions is legally binding.
Delivery takes place via the dispatch of the purchased item to the address provided by the buyer or the delivery address.
