Mahler Feest : Mei 1995 : Programma : Symph. No. 8 / Chailly :

General Terms and Conditions

1. General – Scope of Application
   The following General Terms and Conditions apply to all business relationships between Versand Antiquariat Wiegel & Möhn UG (haftungsbeschränkt) and the customer. The version valid at the time the contract is concluded shall apply in each case.
   A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
   Differing, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2. Offer and Conclusion of Contract
   Our offers are subject to change without notice. They are conditional upon the product still being in stock and available for delivery on our part.
   By placing an order, the customer makes a binding offer to enter into a contract.
   We reserve the right to freely decide whether to accept the offer. Orders are deemed accepted once delivery and invoicing to the customer have taken place and/or once the order has been confirmed to the customer in text form.
   We are entitled to refuse acceptance of the order, for example following a check of the customer's creditworthiness.
   If the customer orders the goods by electronic means, confirmation of receipt does not yet constitute a binding acceptance of the order.
   In the case of commission business, we sell the goods as a commission agent in our own name for the account of another party, that is, for a third party who is the owner of the goods. However, we are the contractual partner.
   Our items are offered or listed on online platforms (e.g. AbeBooks, Booklooker, Buchfreund, eBay, ZVAB). The activation of the offer page constitutes the binding offer to conclude a contract on the terms set out on the respective item page.
3. Retention of Title
   The goods remain the property of Versand Antiquariat Wiegel & Möhn UG (haftungsbeschränkt) until the purchase price has been paid in full.
   In the event of conduct by the customer in breach of contract, in particular in the event of default in payment or breach of an obligation, we are entitled to withdraw from the contract and to demand the return of the goods.
4. Terms of Payment
   The price offered is binding. Statutory value added tax is included in the price. In the case of mail-order purchases, the price is subject to a flat-rate shipping and packaging charge. Deliveries are made exclusively against advance payment. We reserve the right to exclude individual payment methods.
5. Transfer of Risk
   In the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer upon handover of the goods, including in the case of mail-order purchases.
   In the case of businesses, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Handover is deemed to have occurred if the customer is in default of acceptance.
6. Warranty / Liability
   The customer is entitled to a statutory right to claim for defects.
   For consumers, the warranty period for used goods is one year from delivery of the goods; for new goods, the statutory warranty obligation applies. The warranty period for entrepreneurs is one year from delivery of the goods. The one-year warranty period does not apply where we are guilty of gross fault, nor in the case of injury to body or health attributable to us, nor in the case of loss of life of the customer. Our liability under product liability law remains unaffected by this.
   Consumers may choose whether subsequent performance is to be effected by repair or replacement delivery. We are entitled to refuse the chosen type of subsequent performance if it is possible only at disproportionate cost and the other type of subsequent performance remains available without significant disadvantage to the consumer.
   In the case of businesses, we shall initially provide warranty for defects in the goods, at our discretion, by repair or replacement delivery. If subsequent performance fails, or is impossible owing to the particular characteristics of the goods ordered, the customer may in principle choose to demand a reduction of the price (abatement), cancellation of the contract (withdrawal) or damages in lieu of performance. If the customer chooses damages in lieu of performance, the limitations of liability apply. However, in the case of only minor defects the customer has no right of withdrawal.
   Entrepreneurs must notify us in writing of obvious defects within a period of one week from receipt of the goods. Otherwise the assertion of the warranty claim is excluded. Timely dispatch suffices to meet the deadline. The entrepreneur bears the full burden of proof for all conditions giving rise to the claim, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notice of defect.
7. Limitations of Liability and Indemnification
   Except in the case of breach of essential contractual obligations, we are liable only if and to the extent that our legal representatives and vicarious agents are guilty of intent or gross negligence. Unless there is intent or gross negligence, our liability is limited to the damage that was typically foreseeable at the time the contract was concluded.
   In addition to new goods, the mail-order antiquarian bookshop primarily sells books, magazines, LPs, CDs, DVDs etc. which, owing to their age, show signs of use that have already been appropriately taken into account in the respective sale price by way of a reduction. The goods are therefore delivered exclusively in the versions / conditions described by us in the offer.
   As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify the seller and the carrier of any complaints as quickly as possible. Your warranty claims remain unaffected by this.
   The aforementioned exclusion or limitation of liability does not apply if and to the extent that we have warranted certain characteristics or given guarantees. Furthermore, it does not apply to damage arising from injury to life, body or health, nor in the case of mandatory statutory provisions.
8. Further Information
   Special Content
   Items from the period 1933–1945 containing contemporary historical or military-historical depictions and content are sold only for the purposes of civic education, the defence against unconstitutional and anti-constitutional endeavours, scientific and cultural-historical research, and similar purposes (§ 86 of the German Criminal Code).
   Protection of Minors
   Goods subject to the provisions of the German Youth Protection Act are sold by us only to customers who have reached the legally prescribed minimum age. In the respective item description we point out any existing age restrictions.
   By submitting your order, you confirm that you have reached the legally prescribed minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you yourself, or persons authorised by you to accept the delivery who have reached the legally prescribed minimum age, take receipt of the goods.
   Where we are obliged by law to carry out an age check, we instruct the service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have their identity card presented for age verification.
9. Final Provisions
   The law of the Federal Republic of Germany applies. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
   The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
   If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany, or if their domicile or habitual residence is not known at the time the action is brought.
   Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.

Extended Producer Responsibility (EPR) Information:
France (Packaging): Registered with Unique Identification Number (IDU): FR491771_01ZUPL
Austria (Packaging): Registered under license number/GLN: 9008392618040

Important Information regarding shipping to EU Member States (EPR Regulations):Due to country-specific legal requirements regarding Extended Producer Responsibility (EPR) for packaging and the lack of technical implementation options on this platform, we are unable to ship to certain EU states in a legally compliant manner.Therefore, we expressly DO NOT ship to the following EU Member States:Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Turkey.(Shipping to Germany, France, Austria, and Spain, as well as to European non-EU countries like Switzerland or the UK, remains available).If the AbeBooks system technically allows you to place an order with a delivery address in one of the excluded countries listed above, we will unfortunately have to cancel this order immediately and refund the purchase amount in full. In this case, no purchase contract is concluded. Thank you for your understanding.

Versand weltweit als DHL Paket mit Sendungsverfolgung