Beyond Postprocess
Language: English
Published by Utah State University Press, 2011
- Softcover
- New

Condition: New
US$ 50.58
Quantity: Over 20 available
Add to basketItem description from seller
KlappentextBeyond Postprocess offers a vigorous, provocative discussion of postprocess theory in its contemporary profile. Fueled by something like a fundamental refusal to see writing as self-evident, reducible, and easily explicable, t.
Seller Inventory # 799377637
- Title
- Beyond Postprocess
- Author
- Dobrin, Sidney I.
- Publisher
- Utah State University Press
- Publication year
- 2011
- Condition
- New
- Binding
- Kartoniert / Broschiert
- Language
- English
- ISBN 10
- 0874218314
- ISBN 13
- 9780874218312
Beyond Postprocess offers a vigorous, provocative discussion of postprocess theory in its contemporary profile. Fueled by something like a fundamental refusal to see writing as self-evident, reducible, and easily explicable, the contributors rethink postprocess, suggesting that there is no easily defined moment or method that could be called postprocess. Instead, each contribution to this collection provides a unique and important example of what work beyond postprocess could be.
Since postprocess theory in writing studies first challenged traditional conceptions of writing and the subject who writes, developments there have continued to push theorists of writing in a number of promising theoretical directions. Spaces for writing have arisen that radically alter ideological notions of space, rational thinking, intellectual property and politics, and epistemologies; and new media, digital, and visual rhetorics have increasingly complicated the scene, as well.
Contributors to Beyond Postprocess reconsider writing and writing studies through posthumanism, ecology, new media, materiality, multimodal and digital writing, institutional critique, and postpedagogy. Through the lively and provocative character of these essays, Beyond Postprocess aims to provide a critical site for nothing less than the broad reevaluation of what it means to study writing today. Its polyvocal considerations and conclusions invest the volume with a unique potential to describe not what that field of study should be, but what it has the capacity to create. The central purpose of Beyond Postprocess is to unleash this creative potential.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
BEYOND POSTPROCESS
UTAH STATE UNIVERSITY PRESS
Copyright © 2011 Utah State University PressAll right reserved.
ISBN: 978-0-87421-831-2
Contents
Preface: Righting Writing Thomas Kent.....................................................................................................................xiIntroduction: A New Postprocess Manifesto: A Plea for Writing Sidney I. Dobrin, J. A. Rice, and Michael Vastola...........................................11 Writing and Accountability Barbara Couture..............................................................................................................212 What Constitutes a Good Story? Narrative Knowledge in Process, Postprocess, and Post-Postprocess Composition Research Debra Journet.....................413 Putting Process into Circulation: Textual Cosmopolitanism Joe Marshall Hardin...........................................................................614 Reassembling Postprocess: Toward a Posthuman Theory of Public Rhetoric Byron Hawk.......................................................................755 The Page as a Unit of Discourse: Notes toward a Counterhistory for Writing Studies John Trimbur and Karen Press.........................................946 Folksonomic Narratives: Writing Detroit Jeff Rice.......................................................................................................1177 Old Questions, New Media: Theorizing Writing in a Digital Age Kyle Jensen...............................................................................1328 Postconflict Pedagogy: Writing in the Stream of Hearing Cynthia Haynes..................................................................................1459 Being Delicious: Materialities of Research in a Web 2.0 Application Collin Brooke and Thomas Rickert....................................................16310 First, A Word Raúl Sánchez...................................................................................................................18311 The Salon of 2010 Geoffery Sirc........................................................................................................................19512 Postpedagogical Reflections on Plagiarism and Capital Rebecca Moore Howard.............................................................................219Index......................................................................................................................................................232Contributors...............................................................................................................................................236
Chapter One
WRITING AND ACCOUNTABILITYBarbara Couture
Writing has a material focus for scholars and teachers in the academy. Students in writing classes expect to be given writing assignments and to have papers, e-journals, and other such experiences graded. They also expect to be told whether their writing is grammatically correct and effective and whether it meets expectations. Beyond our students, testing agencies, peer reviewers, and school and college boards also expect faculty to materially demonstrate how they have improved students' writing through test scores, portfolio assessments, or other evidential means. At the same time, in this postprocess era, our scholarly attention to writing has invited us to attend more completely to writing as a phenomenon, that is, to how writing works in the contexts of writers, readers, and their cultures. This approach calls into question assumed correlations between the material processes of writing or the material form of written products and how writing "works" as communication—correlations often taken for granted in the writing classroom.
In fact, postprocess theory has told us that writing may not "work" at all, in the sense that it predictably accomplishes some preconceived notion of its intended outcome. And this, in turn, calls into question the everyday practice of teaching writing, whether we emphasize the process of writing or the structure of the written product. If little about writing is predictable, what lessons can teachers give? What models of written products should students study? What can be said about writing in the classroom if indeed we cannot nail down hard data that we can teach to our students about the product and the way it is produced? In short, how can we be accountable to our students as writing teachers, and likewise, how can they be accountable to us as writers, if we ask postprocess theory to guide us as writing teachers?
In some ways these are silly questions. As experienced writing teachers, we all have rubrics, models, prescriptions, and handbooks aplenty to help guide students in becoming more skilled as writers. And, too, we can invent writing tasks, scoring guides, and metrics to provide evidence of whether student writers have learned something. Our material means of teaching and evaluating writing "beyond process" or "beyond post process" continue to develop much in the ways they always have, responding to new demands—such as new technologies or legislated requirements—regardless of our more sophisticated understanding of writing as a phenomenon and our knowledge that the teaching of writing has limited impact on the meaning or success of any given writing event.
In short, despite the postprocess movement, writing as a phenomenon continues to be taught in terms of specific material processes to be emulated or verbal forms to be imitated. And students continue to be held accountable for responding to this teaching as writers. Similarly, despite the postprocess movement teachers will continue to be held accountable for what they teach by being asked to produce evidence that what they are doing is valuable, through state-wide testing or evidential means. Federal initiatives such as No Child Left Behind and the Spellings Commission on Higher Education have demonstrated that accountability is "top of mind" for those who perform public scrutiny of educational practices. Teachers and school administrations know well that the call for teacher accountability has spawned a host of institutional demands to assess and evaluate every aspect of educational practice as it meets a standard, increasingly one externally defined and measurable. And this situation stands to remain for teachers as long as we can predictably assume.
Given continuing calls for such material accountability, what in the way that we teach writing really can change or should change as a result of the so-called postprocess movement in writing theory? What can and should change, I think, is the philosophy that directs the material practices teachers, students, and others associate with writing and accountability in educational settings. To elaborate this claim, I will first characterize briefly how we have been talking and thinking about writing in the classroom prior to our engagement with postprocess theory, and second, explain how postprocess theory changes that conversation. In doing so, I will argue for a philosophical approach to the practices of teaching and evaluating writing that complements postprocess theory and reenvisions our obligations toward educational accountability.
HOW WE TALK ABOUT WRITING IN THE CLASSROOM NOW
During the last two decades and then some, theoretical scholarship in writing, composition, rhetorical theory, literary criticism, and a host of other fields of study has been adopted by teachers of writing as lessons or even rubrics for how writing should be taught. As a veteran writing teacher and composition scholar, my experience has been that theory that has been interpreted for the writing classroom has been interpreted largely as prescriptions for the material processes of producing writing and structuring the product.
As a writing teacher entering the profession in the early 70s, I followed the "turn theory into prescription" pedagogical urge and responded to the research trends of the times. In the early 70s, linguists dominated the conversation about how to improve students' writing skills. In response, teachers like me paid attention to how sentences were constructed and generated, giving students exercises to help them develop more complex sentences which were thought to demonstrate more complex ways of thinking. As the writing world became more aware of international scholarship that focused on social structures and how they influence communication, rhetoricians began to develop complex theories about audience analysis which teachers then translated into rubrics for designing compositions and reports for specific purposes. Developmental psychology played a role as well, urging teachers to adopt a progressive pattern of asking students to write narratives first and from there to build skills incrementally, step-by-step marching through more challenging rhetorical forms (e.g., description, process, comparison) until they reached the highest, most intellectually demanding form of prose, analytical argument. Similarly, educational research on the importance of self-actualization focused teachers' attention on developing student writers' "personas"; scores of teachers—me among them—urged students to assert a "genuine voice" and give a personal stamp to their writing. As new populations of adult learners and ethnic minorities filled our classrooms and sociolinguists and cultural theorists started examining how writing and speech are valued in different communities, writing teachers began to pay attention to how writing communicates social status and how cultural expectations for writing affect student empowerment. Qualitative research, in turn, inspired writing researchers to look at how writing is practiced within defined social environments, such as the science and engineering professions, and to describe effective practices in these professions and in organizational settings. Along with many other teachers, I invited my students to emulate these practices as well.
The process movement repeated our tendency to translate research into models for writing in the classroom. Researchers' attention to how student writers and master writers tackle a writing project revealed the messy and iterative nature of the writing process, to be sure. But being eager to find a method that "worked," teachers soon took researchers' studies and categorizations of writing phenomena as models for teaching processes such as inventing, planning, drafting, revising, and editing. It was not uncommon to see classrooms of students in the primary and secondary schools doing "inventing" on Monday, "planning" on Tuesday, and so on through the laundry list, following prescriptions for engaging in each of these processes. In short, the very messiness of the writing processes examined by researchers (which in itself suggested something very "postprocess" about the nature of writing) clearly yielded to rubrics for teaching that very process, the so-called process paradigm.
It is true that the "process movement" compelled teachers to consider elements in the writing situation that go beyond the structure of the text, such as the individual writer and his or her cultural and social context, the readers a writer hoped to reach, the way the writer went about writing, the setting in which the writing was read, and so on. But adoption of process research to the classroom did not remove our pedagogical urge to regard all these elements as things "like the writing itself" that together can be analyzed, parsed, defined, and taught through rubrics for improving writing and writers' ability to write.
HOW POSTPROCESS THEORY CHANGED OUR CONVERSATIONS ABOUT WRITING
The "postprocess movement" parts from the history I sketched above of how scholarship on writing and its modes of production have translated into the classroom. Unlike scholarship that focused on the written product and scholarship that examined the contextual elements of the writing process, postprocess scholarship does not easily lend itself to addressing an element of the composing situation. It doesn't speak specifically to kinds of written products, their form, or how and why they are evaluated. It also doesn't speak to the developmental growth of writers, their social contexts, or the stages of their production of writing. Rather, the "postprocess movement" is ontological in its focus: it speaks to how writing is.
In the discipline of composition studies, postprocess theory was crystallized as a movement with the publication of Post-Process Theory: Beyond the Writing-Process Paradigm (1999), and in his introduction to this edited collection of essays, Thomas Kent identifies three principles that characterize the scholarship identified with it. Kent tells us: "Most post-process theorists hold three assumptions about the act of writing: (1) writing is public; (2) writing is interpretive; and (3) writing is situated" (1). Each of these assumptions makes it problematic to theorize or describe writing in terms of processes or products. If writing is public and not conceived as the private act or invention of an author, then exclusive control over authorship or meaning assumed by an author is immaterial. Since writing both interprets and is interpreted, assumptions can't be made about its depiction of reality as accurate or about an author or reader's perception of this. And, finally, because writing is situated, its function, purpose, or meaning can't be nailed down, elaborated, or interpreted in precisely the same way as it was or is at any given moment in time by the authors and readers interacting with it. In short, writing is in the sense that we as human beings are, present in an instance, but ever changing as time and circumstances change with us. It therefore makes sense to think about writing in the way we think about ourselves when we try to talk about what is essential to our very being.
Postprocess theorists have concluded that what is essential both to ourselves and to writing is this: "being" and "writing" are relational. Writing creates an occasion for our interaction with others and is fundamentally associated with how we make our way in the world by relating to others. As such, writing is inextricably associated with our part in world making with others in the "now" where we are together with others interacting and simply "being" in the world. If this view of writing is correct, it makes sense to say that writing has an ontological relationship to the way we conduct our lives as human beings, to our philosophy of being in the world. It is in teaching writers how to explore and enable that relationship that postprocess writing theorists can and should make a mark in the writing classroom. And they can do so alongside or even in spite of teachers' tendencies to translate theory into rubrics for practice.
In declaring writing relational, we now invite writing teachers to direct students' attention to how they are preparing themselves to address the relational character of the writing situation, to become more substantively aware of the place writing has in their ontological development. While teaching students to become more skilled in their production and more conscious of the role process plays in achieving that skill, writing teachers can also teach them to be more comfortable with uncertainty in communication situations and with their roles in maintaining the tenuous social relationships their writing develops. Teachers can do so by examining the elemental components of writer and reader as agents in a potential relation, one that will be successful or not dependent in part on the writing shared between them.
This approach to teaching writing suggests that in addition to the usual "bag of tricks" that composition teachers have for addressing developmental skill in using written language, they need to create occasions for students to become more overtly aware of the link between writing and the way they are in the world and to become more critically attuned to this dynamic. As with all teaching, there is an ethical dimension to this awakening of students' understanding, and that is for teachers to do good—or at the very least, do no harm. In the writing classroom, helping students understand the roles they and their writing play in their "being in the world" should result in some good for themselves and for others.
As I noted earlier, in declaring writing as public, interpretive, and situated, postprocess theorists do not dismiss the specific material dimensions of writing. For instance, when applying the work of Donald Davidson to writing, Kent (1993) notes that both writers and readers have "prior theories" about how writing works in certain situations. These theories are grounded in knowledge about how linguistic or rhetorical constructions typically indicate something predictable about the communication situation. Good writers usually have a pretty good idea of what kind of communication works in particular social settings, and readers, in turn, develop "passing theories" about how such material signals contribute to the meaning of a given communication event. Postprocess theorists do acknowledge that we have a set of linguistic expectations—solidified through experience and being taught how to behave as writers and readers—that help us construct meaning. Teachers, of course, spend their time with students helping them develop the tools to understand and meet these expectations through practice with various writing styles, assessments of the requirements of certain social and work situations, and so forth.
But "postprocess" theory also speaks to the character of the relation between writer and reader that must exist for communication to succeed in developing a relationship between them. Again, applying the philosophical theory of Donald Davidson, Kent asserts that communication succeeds because both writers and readers are willing at some level to believe others are trying to make sense when they write or talk to them, a state of readiness that Davidson calls the "principle of charity" (1993, 105). Through asserting that a charitable attitude toward the communication event must persist in order for it to succeed, postprocess theory challenges writing teachers to identify material components of the writing situation that contribute to that outlook of charitable reception required for all communication events.
My own contribution to postprocess theory has been a theory of phenomenological rhetoric, outlined in Toward a Phenomenological Rhetoric: Writing, Profession, and Altruism (1998). In this work, I push further this notion of "charitable exchange" to assert that the writer's ethical obligation is to engage in the writing situation with the main objective of doing good. Hence, an evaluation of the success of the communication would necessarily include some assessment of the material components of the communication as they did or did not add to conditions where the "principle of charity" could be reasonably applied as writers attempt to make sense, or as they attempt to "do good" for all involved. In short, "accountability" in the writing classroom has some relationship to that end.
(Continues...)
Excerpted from BEYOND POSTPROCESS Copyright © 2011 by Utah State University Press. Excerpted by permission of UTAH STATE UNIVERSITY PRESS. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
"About the title" may belong to another edition of this title.
Shipping rates from Germany to U.S.A.
| Item | 26 to 60 business days | 26 to 60 business days |
|---|---|---|
| First item | US$ 54.87 | US$ 54.87 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
Online Handel nur mit Neubüchern
Seller's business information
Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-
To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
-
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
-
Name of the consumer(s)
-
Address of the consumer(s)
-
Signature of the consumer(s) (only in case of a notification on paper)
-
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022