Terms and Conditions
for the webshop of LECTURA GmbH
§1 General, Customers
(1) For any business relationship and deliveries between LECTURA GmbH (hereinafter referred to as “Provider”) and the Customer (hereinafter referred to as “Customer”), the following Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating terms and conditions of the customer will not be recognized unless the provider explicitly agrees to their validity in writing.
(2) “Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), whereas „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
§2 Conclusion of Contract
(1) The customer can select from the range of the provider various products, esp. Books, electronic media or digital contents and may collect these over the button “into the shopping cart” in a so-called shopping cart. By clicking the button “order now” he submits a binding offer to buy the goods in the shopping cart. Before submitting the order, the customer may change the data at any time and review it. The offer can only be submitted and transmitted if the customer has confirmed by clicking on an opt-in box to have read and accepted these terms and conditions and thus included in his offer.
(2) The provider sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again. The automatic confirmation of receipt by e-mail merely documents that the customer’s order has been received by the supplier and shall not constitute an acceptance of the order. The contract is concluded by the subsequent submission of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail (contract confirmation), but at the latest on delivery of the goods, the contract text (consisting of order, terms and order confirmation) will be submitted to the customer by the provider on permanent data media (e-mail or paper printout). The contract will be saved in compliance with privacy protection.
§3 Delivery, Availability of goods
(1) Delivery will be within Germany as well as in EU countries or worldwide. The delivery time for Germany + EU countries: within max 7 days. For worldwide shipping it is not possible to give an estimation of shipping time.
(2) If no copies of the product selected by customer are available at the time of the customer’s order, the provider will notify the customer in the order confirmation without delay. If a product is permanently or temporarily not available, the provider will not send a declaration of acceptance within order confirmation. A contract is not concluded in this case.
§4 Rentention of title
Delivered products remain in the property of the Provider up to entire payment.
§5 Prices and shipping
(1) All prices, which are indicated on the website of the provider, exclude statutory VAT. Details about shipping costs can be found under shipping.
(2) The corresponding shipping costs are indicated to the customer in the order form and shall be borne by the customer, as far as the customer does not exercise the right of withdrawal. In case of withdrawal, the customer has to bear the direct shipping costs of the return.
§6 Terms of payment and Payment options
(1) The customer can make the payment by credit card or advance payment. In addition, payment by the payment service PayPal is possible. For details, see payment methods.
(2) The customer may change the payment method stored in his user account at any time.
(3) Payment of the purchase price is immediately due upon conclusion of the contract.
§7 Defect warranty, Guarantee
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular according to Sec. 434 et seq. of the German Civil Code. The warranty period for business customers amounts to 12 months starting with the transfer/delivery of goods.
(2) An additional guarantee for the goods delivered by the supplier exits only if this was explicitly stated in the order confirmation for the respective goods.
(1) Claims of the customer for reimbursement of damages are excluded. except for compensation to the customer for injury to life, body, health or from violating essential obligations of the contract, as well as liability for other damages, which are based on premeditated or culpable negligence of the provider, its representatives or agents.
(2) Should the provider violate these essential obligations, the offerer is only liable for such damages which are typically foreseeable for the contract and if these where caused by negligence, except the compensation of the customer regarding injuring to life, body or health.
(3) The limitations in (1) and (2) are also valid for the legal representatives and vicarious agents of the provider, if claims are lodged directly against these.
(4) The limitations which can be derived from (1) and (2) shall not apply insofar as the provider has maliciously failed to disclose a defect or has granted a guarantee for the condition of the goods. Any liability in accordance with provisions set out in the Product Liability Act remains unaffected by the above terms.
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider subsequently informs in accordance with the legal provisions. Exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (4) contains a model withdrawal form.
(2) The right of withdrawal does not apply to contracts for goods that are delivered in a sealed package (in particular electronic data carriers) if the seal has been removed after delivery.
(3) The right of withdrawal expires in the case of a contract for the delivery of digital content, if the consumer has explicitly agreed that the provider begins with the execution of the contract before the end of the withdrawal period and has confirmed his knowledge thereof.
(4) The provider informs on the model withdrawal form for the legal regulation as follows:
Model withdrawal form
(If you wish to withdraw from the contract, complete and return this form only)
LECTURA GmbH Verlag + Marketing Service, Ritter-von-Schuh-Platz 3, 90459 Nürnberg, Fax 0911 43 08 99-20, E-Mail: [email protected]:
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),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*)Delete as appropriate.
§10 Data Protection/Privacy
§11 Final Provisions
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his residence remain unaffected.
(2) If the customer is a merchant, company or partnership vested with legal capacity, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Nuremberg.