Handbook of Print Media: Technologies and Production Methods [Jul 31, 2001] Kipphan, Helmut

General Terms and Conditions and Customer Information / Privacy Policy
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following General Terms and Conditions apply to contracts that you conclude with us as the seller (Gero Maier) via the online platforms AbeBooks and/or ZVAB. Unless otherwise agreed, we expressly reject the inclusion of any terms and conditions of your own.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. A business customer is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) When we list an item on AbeBooks or ZVAB, the activation of the offer page on AbeBooks or ZVAB constitutes a binding offer to conclude a contract under the terms and conditions specified on the respective item page.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "Shopping Cart". You can access the "Shopping Cart" using the corresponding button in the navigation bar and make changes at any time.
After accessing the "Checkout" page and entering your personal details as well as the payment and shipping information, all order details are displayed again on the order summary page.
Before submitting your order, you have the opportunity to review and change all the information provided (including by using the "Back" function of your web browser) or to cancel the purchase.
By submitting your order using the "Buy Now" button, you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly through automated processes. You must therefore ensure that the email address you have provided to us is correct and that the technical conditions for receiving emails are met.
§ 3 Right of Retention, Retention of Title
(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business customer, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed to you, pledging them or transferring ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value, and we accept this assignment. You remain authorised to collect these claims. However, if you fail to fulfil your payment obligations properly, we reserve the right to collect the claims ourselves.
c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the resulting new item in proportion to the invoice value of the goods subject to retention of title relative to the value of the other items processed at the time of processing.
d) At your request, we undertake to release securities to which we are entitled insofar as the realisable value of our securities exceeds the claims to be secured by more than 10%. We reserve the right to select the securities to be released.
§ 4 Warranty
(1) Statutory rights relating to defects apply.
(2) Provided that we have informed you accordingly before you submit your contractual declaration and this has been expressly and separately agreed, the limitation period for claims relating to defects in used goods is one year from delivery of the goods.
The above limitation does not apply:

• to damage attributable to us that has been culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• where we have fraudulently concealed a defect or provided a guarantee regarding the quality of the goods.
  (3) If you are a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
  (4) Where a characteristic of the goods deviates from the objective requirements, such deviation shall be deemed agreed only if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
  (5) If you are a business customer, the following provisions apply in deviation from the above warranty regulations:
  a) Only our own specifications and the manufacturer's product description shall be deemed agreed characteristics of the goods. Other advertising, public promotional statements and statements made by the manufacturer shall not be considered agreed characteristics.
  b) In the event of defects, we shall, at our discretion, provide subsequent performance by repairing the goods or supplying replacement goods.
  If the remedy of the defect fails, you may, at your discretion, request a reduction in the purchase price or withdraw from the contract.
  The remedy shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods, the defect or other circumstances indicate otherwise.
  In the event of a repair, we are not obliged to bear additional costs resulting from the goods being transported to a location other than the place of performance, unless such transportation corresponds to the intended use of the goods.
  c) The warranty period is one year from delivery of the goods.
  The reduction of this period does not apply:
• to damage attributable to us that has been culpably caused by injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• where we have fraudulently concealed a defect or provided a guarantee regarding the quality of the goods;
• to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective;
• to statutory rights of recourse that you may assert against us in connection with claims relating to defects.
  § 5 Choice of Law
  (1) German law shall apply. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (principle of the more favourable law).
  (2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
  § 6 Protection of Minors
  (1) When selling goods that are subject to the provisions of the German Youth Protection Act (Jugendschutzgesetz), we enter into contractual relationships only with customers who have reached the legally required minimum age.
  Any applicable age restrictions are indicated in the respective item description.
  (2) By submitting your order, you confirm that you have reached the legally required minimum age and that the information you have provided regarding your name and address is correct.
  You are obliged to ensure that the goods are received only by you personally or by persons authorised by you to accept delivery who have also reached the legally required minimum age.
  (3) Where we are legally required to carry out an age verification, we instruct the logistics service provider responsible for delivery to hand over the goods only to persons who have reached the legally required minimum age.
  In cases of doubt, the delivery service provider must request identification from the person receiving the goods to verify their age.
  (4) Where the respective item description specifies that you must be at least 18 years old to purchase the goods, even if the statutory minimum age is lower, the provisions of paragraphs (1) to (3) above shall apply accordingly, with the requirement of legal adulthood replacing the statutory minimum age.

II. Customer Information

1. Identity of the Seller
   Gero Maier
   Landfriedweg 8
   68789 St. Leon-Rot
   Germany
   Telephone: +49 152 34152271
   Email: info@bibliomundo.de
   We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
2. Information on the Conclusion of the Contract
   The technical steps involved in concluding the contract, the conclusion of the contract itself and the available options for correcting information are governed by the provisions entitled "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
   3.1. The contract language is German.
   3.2. We do not store the complete text of the contract.
   Before submitting your order, you can print the contract details using your browser's print function or save them electronically.
   After we receive your order, the order details, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Essential Characteristics of the Goods or Services
   The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
   5.1. The prices and shipping costs stated in the respective offers are total prices. They include all price components, including all applicable taxes.
   5.2. The applicable shipping costs are not included in the purchase price.
   They can be viewed using the appropriately labelled button on our website or in the respective offer. They are displayed separately during the ordering process and must be paid by you in addition to the purchase price, unless free shipping has been expressly offered.
   5.3. If delivery is made to countries outside the European Union, additional costs beyond our control may arise, such as customs duties, taxes or money transfer fees (bank transfer fees or currency conversion charges imposed by financial institutions). These costs must be borne by you.
   5.4. Any money transfer costs incurred (bank transfer fees or currency conversion charges imposed by financial institutions) must also be borne by you if delivery is made to an EU Member State but payment is initiated from outside the European Union.
   5.5. The available payment methods are indicated using the appropriately labelled button on our website or in the respective offer.
   5.6. Unless otherwise specified for the individual payment methods, all payment claims arising from the concluded contract are due immediately.
6. Delivery Terms
   6.1. The delivery terms, delivery date and any applicable delivery restrictions can be found using the appropriately labelled button on our website or in the respective offer.
   Unless a different delivery period is specified in the respective offer or under the corresponding button, the goods will be delivered within 3–5 days after conclusion of the contract (in the case of agreed advance payment, however, only after you have issued your payment instruction).
   6.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the goods during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured.
   This does not apply if you independently commission a transport company or another person responsible for carrying out the shipment who was not designated by the seller.
   If you are a business customer, delivery and shipment are carried out at your own risk.
7. Statutory Rights Relating to Defects
   Liability for defects is governed by the provisions entitled "Warranty" in our General Terms and Conditions (Part I).