General Terms and Conditions for the
Online Shop of Gerhard Steidl GmbH & Co. OHG
(Steidl Online Shop General Terms and Conditions)
As at: October 23, 2014
In the following please find the General Terms and Conditions and the Customer Information in them pertaining to the Online Shop of Gerhard Steidl GmbH & Co. OHG (Steidl Online Shop). This Customer Information satisfies legal requirements regarding information and instruction. Said requirements apply to information about the conclusion of the Contract on the basis of the order, and about implementation of the Contract.
For the purchase of the articles offered and described in detail by Gerhard Steidl GmbH & Co. OHG in the Online Shop, the following shall apply:
1 Area of Validity of the Steidl Online Shop General Terms and Conditions
The Steidl Online Shop General Terms and Conditions shall apply exclusively for orders placed by the Customer in the Steidl Online Shop between the Customer and Gerhard Steidl GmbH & Co. OHG (hereinafter “Steidl” or “Vendor”).
According to the Steidl Online Shop General Terms and Conditions customers shall be consumers as well as entrepreneurs. A consumer shall be a natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to his commercial nor his independent professional activity (section 13 of the German Civil Code (BGB)). An entrepreneur shall be a natural or legal person or a partnership with legal capacity whose conclusion of a legal transaction is performed as part of their commercial or independent professional activity (section 14 BGB).
2 Sequence of placing an Order in the Steidl Online Shop
You can browse through our range of products at your leisure. Should you discover something of interest, you then place the item in your virtual basket. To do so you click on the small basket symbol we have placed with the product. It goes without saying that you can remove products from your basket at any time.
You start the order procedure by clicking on the “Add to Basket” button. You can remove products from the basket. To continue the order procedure, activate the “Proceed to checkout” button. You will then be asked to register with your user data or, if you are a new customer, to set up an account. It is also possible for you to place an order as a guest. An overview then appears of all the products you have put in the shopping cart, as well as the other possible costs that are payable in connection with the order.
You can correct your entries during the order process before submitting your order by clicking on the “Buy now” button. To change or delete the quantity, click on “+” or the “x” in the relevant cover illustration in the basket.
Clicking on the “Buy now” button places your order, which is forwarded to us. By placing your order you give a binding declaration that it is your wish to acquire the goods.
3 Conclusion of Contract + Language available in the Steidl Online Shop
Your order shall represent a proposal to us (Gerhard Steidl GmbH & Co. OHG – represented by Managing Director Gerhard Steidl, Düstere Strasse 4, 37073 Göttingen, Germany; Tel. + 49 (0) 551/496060; Fax + 49 (0) 551/4960649; E-Mail firstname.lastname@example.org for the conclusion of a purchase contract.
When you place an order with our Online Shop we send you an e-mail confirming receipt of the order and listing the details (order confirmation).
This order confirmation does not represent an acceptance of the proposal but merely serves to inform you that we have received your order.
A purchase contract shall only be concluded if we expressly accept the order by means of a separate order confirmation in text form, or dispatch to you the goods ordered and confirm dispatch of the order to you by means of a dispatch confirmation in the written form. A purchase contract shall not be concluded for goods in one and the same order that are not listed in the order or dispatch confirmation. This confirmation is sent to you within three working days.
We only sell goods in quantities commensurate with household use. This also applies to the placing of several orders of the same goods, where the individual orders are for a quantity commensurate with household use.
After the conclusion of the Contract as well we reserve the tight to price changes over which we have no control. In particular we are bound by the German agreement on the fixing of book prices to invoice the price payable at the time of the conclusion of the Contract, which in exceptional cases can differ from the prices quoted in our Online Shop.
Should we ourselves, despite having shortly before concluded a (congruent) purchase agreement, not receive timely delivery from a supplier or manufacturer of the goods you ordered, or said goods are not delivered at all, we can withdraw from the Contract if we are not responsible for the late or missing delivery and this disruption is not only temporary in nature. We will inform you immediately if the goods are unavailable. We will immediately reimburse any payments you may already have made.
Inasmuch as electronically available goods (electronic books, audio and video recordings) are the subject matter of the Contract, the above provisions shall apply. A purchase contract shall only be concluded if we expressly accept your order by means of separate order confirmation in the written form or make available to you in the written form an Internet address which is available for a limited amount of time (as a rule one week) from which the ordered contents can be retrieved.
In the Steidl Online Shop the language available for the conclusion of the Contract shall be German.
4 Customer Information, Right of Revocation
VIn accordance with sections 312 ff. and 355 ff. of the German Civil Code (BGB) in connection with article 246a of the Introductory Act to the German Civil Code (EGBGB), with regard to the purchased articles consumers within the meaning of section13 BGB shall have a right of revocation in accordance with the following instruction:
You will find the above adapted notice of revocation in accordance with Annex 1 to article 246a section 1 para. 2 p. 2 EGBGB and the adapted sample revocation form in accordance with Annex 2 to article 246a para. 2 p. 1 no. 1 and section 2 para. 2 no. 2 EGBGB in the Annex of every order confirmation in accordance with section 3 of the Steidl Online Shop General Terms and Conditions:
Please note: The Steidl Online Shop does not currently offer e-books. In the event of their being offered, the instructions on revocation can differ from the following notice of revocation.
INSTRUCTIONS ON REVOCATION for the ordering of printed books and other physical goods
Right of Revocation
You have the right to revoke this Contract within fourteen days without stating the reasons.
The revocation period shall last for fourteen days from the day on which you or a third party nominated by you and who is not the forwarding agent, took possession of the goods.
In order to exercise your right of revocation you must inform us,
Gerhard Steidl GmbH & Co. OHG, represented by its Managing Director Gerhard Steidl, Düstere Strasse 4, 37073 Göttingen, Germany; Tel. +49 551/406060 ; Fax +49 551/4960649; e-mail email@example.com
by means of an unequivocal declaration (e.g., a letter sent by post, fax or e-mail) of your decision to revoke this Contract. You can, but are not obligated to, use the enclosed sample revocation form.
The dispatch of notification of your exercising your right of revocation prior to the expiry of the revocation period shall be deemed sufficient for complying with it.
Consequences of the Revocation
Should you revoke this Contract we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of any additional costs incurred by your selecting a form of delivery different from the cheapest, standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the revocation of this Contract. For this repayment we employ the same means of payment you used for the original transaction unless, that is, something expressly different was agreed with you; under no circumstances will you incur charges for this repayment.
We can refuse the repayment until such time as we have taken delivery of the returned goods or you have proved that you have sent the goods first, whichever occurs first.
You must send back or hand the goods over to us immediately and at the latest within 14 days from the day on which you inform us of your revocation of this Contract. The period of time shall be deemed to have been observed if you dispatch the goods prior to expiry of the period. You must cover the direct cost of returning the goods.
You must pay for any possible depreciation in the value of the goods only if said depreciation can be attributed to the unnecessary treatment of the goods for the purpose of inspecting their condition, features, and functioning.
- End of the statutory instructions on revocation -
Exclusion and premature Termination of the Right of Revocation:
A right of revocation shall not apply to the delivery of audio or video recordings (e.g., CD, music or video cassettes), nor of computer software in sealed packaging should said sealed packaging have been removed after delivery.
Furthermore, nor shall a right of revocation apply in the case of goods that are not prefabricated and for the manufacture of which a selection by or stipulation of the consumer is decisive, or which are unequivocally customized for the consumer’s personal needs.
Nor shall a right of revocation apply in the case of contracts for the delivery of newspapers and magazines, with the exception of subscription contracts.
5 Non-availability Proviso
We reserve the right to desist from executing your order should we not have the title ordered in stock, the publisher has sold out of the title not in stock, and the goods ordered are as a result not available. In such cases we will inform you immediately that the goods are not available and if applicable reimburse at once the purchase price you have already paid.
6 Delivery Costs
We deliver free of charge.
7 Payment + Delivery
All prices shall include the statutory value added tax payable in the Federal Republic of Germany.
The purchase price and possible delivery costs shall be payable immediately.
Payment by credit card or PayPal shall be permissible means of payment.
The goods shall be delivered by shipment. Inasmuch as they are available, the goods shall be prepared for shipment within three working days (Monday to Friday).
8 Retention of Title
Until such time as the Customer has paid the purchase price in full, the goods delivered shall remain the property of the vendor.
The statutory defects warranty right shall apply.
10 Storage of the Contractual Text, Data Protection
As a matter of principle personal data are collected on or in the operation of the Website www.steidl.de only on a scale that is required for technical purposes. Personal data shall refer to inventory data such as the name and address of a person and usage data (e.g., user name, password, IP address). Data provided by the Customer in connection with orders, e.g., the address for correspondence, as well as other data required for the substantiation, execution, and processing of orders, as well as for the purpose of future customer support, shall in this respect be processed and used by Steidl. The information shall be used for the processing of inquiries, the possible delivery of goods, the performing of services, and the settlement of payments. Personal data shall not be forwarded to third parties. Inasmuch as third parties are commissioned to perform duties – for instance freight forwarding companies or payment settlement companies, these shall be provided with the personal information they need to perform their duties. These data shall not be used for other purposes; furthermore, the third parties shall be obligated to treat the data they receive in accordance with this privacy statement and the German privacy laws.
Data processing by Steidl is explained in the following. Such data as are transmitted by the individual user’s browser (server log files) are automatically stored in the server statistics. As a rule, however, these data cannot be attributed to specific people. The data stored are not matched with other data sources. The following data are stored:
- Browser type / version
- Operating system used
- Referrer URL
- IP address of the accessing computer
- Time of the server inquiry
- HTML sites visited
Furthermore, on registration in the login section the date, time, and login identification are stored. In the sites cookies in the sense of alphanumeric identifiers, which are deleted when the browser finishes, are set. Provided that the client blocked them beforehand, it is possible for the Online Shop to function without cookies. Furthermore, if the client agrees to cookies being set, the user ID is stored in encrypted form with no personal data, thus enabling a simplified login process. For this reason the Customer consents to user data being collected, processed, and used using cookies, to enable activities in the Online Shop to be controlled. The cookies primarily enable an easier login process and the listing of product views already selected, as well as the summarized display of several articles in the (virtual) basket.
Information about the personal data stored by the vendor, primarily regarding the data provided by the Customer in connection with inquiries, orders etc., can only be given on the scale described. With regard to other data stored during mere use of the Website, no association with specific people can be made on a regular basis.
You can revoke your consent to the future processing of personal data at any time. You can do so by means of notification to the address below or by e-mail to firstname.lastname@example.org . The contractor will be pleased to answer any other questions you may have regarding the handling of data:
Gerhard Steidl GmbH & Co. OHG
Managing Director: Gerhard Steidl
Düstere Straße 4
Tel. +49 551/496060
Fax +49 551/4960649
11 Applicable Law and Jurisdiction
The law of the Federal Republic of Germany shall apply. For consumers within the meaning of section 13 BGB, this choice of law shall apply only inasmuch as the protection that is provided by compulsory regulations under the law of the state, in which the consumer has his habitual abode, is not taken away.
The provisions of the United Nations Convention on Contracts for the International Sales of Goods shall not apply.
Should the Customer be a merchant or a legal person under public law, the exclusive place of jurisdiction for all disputes arising from this Contract shall be the court responsible for the domicile of our company, Göttingen.
(As at: October 23, 2014)