Ready, Set, Go!
Language: English
Published by Balboa Press, 2015
- Softcover
- New

Condition: New
US$ 22.39
Quantity: Over 20 available
Add to basketItem description from seller
Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. KlappentextrnrnThis book is for people in recovery. We ask and answer basic questions about addiction, relapse, and recovery. We believe addiction is a primary, chronic disease of brain reward, motivation, memory, and related circuitry, characte.
Seller Inventory # 447983669
- Title
- Ready, Set, Go!
- Author
- Rasmussen, Sandra
- Publisher
- Balboa Press
- Publication year
- 2015
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1504326423
- ISBN 13
- 9781504326421
- Seller catalogs
- Importe
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Ready, Set, Go!
Addiction Management for People in Recovery
By Sandra RasmussenBalboa Press
All rights reserved.
Contents
Preface, ix,
I. Addiction Management Are you ready?,
1. Addiction Today, 1,
2. Recovery, 14,
3. Addiction Management, 26,
4. Addiction Principles, 35,
II. Addiction Management Resources Get set.,
5. Self, 46,
6. Surroundings, 60,
7. Management, 73,
8. Self-Efficacy, 83,
III. Addiction Management Milestones and Roadblocks Go!,
9. Change, 96,
10. Risks for Relapse, 108,
11. Relapse Prevention, 127,
12. Lifestyle, 137,
13. Relapse, 153,
14. Well-being, 163,
15. Addiction Management 2020, 177,
References, 185,
Websites, 193,
CHAPTER 1
Addiction Today
I thought I was a bad boy who did stupid things. I got caught, charged, and convicted of possession of a CS with intent to sell. But I sweet-talked my social worker into letting me enroll in the Substance Treatment Program in jail. Seriously, though, I learned that I am not bad nor stupid. I have a mental health problem called addiction. It has something to do with my genes and brain. This helped explain some of my behavior and why I needed instant rewards like drugs, sex, or even crime to feel good. Lots of people are addicted to something. Chapter 1 looks at the many faces of addiction. It reviews the descriptive, diagnostic, and researched-based definitions of addiction; it discusses addiction severity and treatment intensity. The chapter also examines the incidence and prevalence of addiction.
The Faces of Addiction
We believe addiction is a primary, chronic disease of brain reward, motivation, memory, and related circuitry, characterized by craving, loss of control, physical dependence, and tolerance Genetics, together with bio-psycho-social-spiritual factors, account for the likelihood one will develop an addiction or related disorder. Addiction jeopardizes the health and well-being of individuals, families, communities, even society itself. Addiction across the lifespan wears many faces.
• An infant born six weeks premature to a mother who is addicted to alcohol and cocaine.
• Two little girls playing dress-up and drawing red lines up their arms with lipstick to look like their mom: an IV drug user.
• Four high school seniors "high" on Adderall before taking their Scholastic Aptitude Tests (SATs).
• A 16-year old girl, "dumped" by her 25-year old boyfriend, admitted to the psychiatric unit after ingesting a quart of vodka and 50 Tylenol.
• "What do you have: gold or green OCs?" asks a teen to a street drug dealer.
• A young adult dead of cardiac arrest after a 40-hour marathon session of Diablo 3, an action role-playing game that features elements of the hack and slash, and dungeon crawl genres.
• An evening TV news anchor and sports gambler praying for a long commercial so he can check scores on his cell phone.
• A homeless soldier with four deployments to Iraq and Afghanistan admitted to a Veterans Administration (VA) Hospital with delirium tremens (DTs).
• A board-certified oncologist dismissed from his position at a prestigious University Hospital facing loss of license and incarceration for selling pain prescriptions to finance his gambling addiction.
• A hospice nurse, employee of the year, who has been suspended from work because she diverted narcotics to self-medicate her back pain.
• An executive vice president of a major insurance company admitted to a locked psychiatric ward for self-inflicted gun shots wounds, a botched suicide attempt, related to embezzlement to pay gambling debts.
• A retired electric utility worker who drinks himself into a stupor every evening to cope with his depression after the recent death of his wife.
• A 78-year old woman visiting her daughter and family who gets up during the night, falls, and breaks a hip. Her daughter discovers prescribed medications for Percocet, Xanax, and Ambien in her purse.
What is Addiction?
What do we really mean by addiction? Addiction is a broad, evolving construct that reflects a persistent, recurrent, maladaptive pattern of substance use, gambling, or other behavior that results in adverse consequences for self and others and can lead to clinically significant distress, marked impairment, or death. Substance use includes many legal products such alcohol, nicotine, prescription medications, over-the-counter (OTC) drugs, as well as a host of herbal and natural products that have brain altering properties. Marijuana, cocaine, methamphetamine, heroin, and "designer" drugs make up popular illicit drugs. Many household products like solvents, sprays, or glue have psychoactive effects, especially when inhaled.
Obsessive/compulsive/impulsive behaviors that can become addictive include gambling, eating, sex, and shopping; internet use and the cell phone; internet gaming and video games; and many more. Several terms describe gambling addiction—pathological gambling, compulsive gambling, problem gambling, or gambling disorder. Cross addiction or replacement addiction is common with substance use and other addictive behaviors.
Definitions of addiction are descriptive, diagnostic, and research-based. Many people in recovery, together with addiction professionals, consider addiction as a bio-psycho-social disorder; Howard J. Shaffer, a recognized addiction scholar, describes an addiction syndrome. The American Psychiatric Association and the World Health Organization offer diagnostic definitions respectively in the Diagnostic and Statistical Manual of Mental Disorders (DSM) and the International Classification of Diseases (ICD). Increasingly, definitions of addiction reflect basic research, for example the work of the National Institute on Alcohol Abuse and Alcoholism (NIAAA) and the National Institute of Drug Abuse (NIDA), as well as the genetic research of Kenneth Blum and colleagues and the idea of a reward deficiency syndrome (RDS). The American Society of Addiction Medicine (ASAM) defines addiction as a brain-based chronic disease.
Addiction is a Bio-psycho-social Disorder
Addiction is a bio-psycho-social disorder in etiology, expression, treatment, and recovery. A bio-psycho-social perspective includes and integrates aspects of biological, psychological, and socio-cultural theories of addiction, reflecting a holistic view of individuals. Today, assessment, diagnosis, treatment planning, intervention, evaluation, and related documentation of addiction address bio-psycho-social variables. Best addiction practice models as well as program accreditation standards and criteria reflect a bio-psycho-social model of addiction.
The Addiction Syndrome
Howard J. Shaffer, editor of American Psychological Association publication Addiction Syndrome Handbook: Volume 1 Foundations, Influences, and Expressions of Addiction; Volume 2 Recovery, Prevention, and Other Issues (2012), has long held the idea of an addiction syndrome which recognizes the similarities in etiology, expression, and treatment response among different addictive disorders. Leading addiction scholars embrace the idea of an addiction syndrome model and write extensively about addiction from this perspective in these volumes.
American Psychiatric Association (APA)
For many years, addiction professionals have used the Diagnostic and Statistical Manuals developed by the American Psychiatric Association to diagnose substance-related disorders, pathological gambling, and other mental disorders: the widely-used DSM-IV-TR, published in 2000. Both general and specific changes in the DSM-5, published in 2013, affect addiction diagnoses. First, the multi-axial system has been removed. Second, the DSM-5 (2013) does not differentiate between substance abuse and substance dependence; instead, it suggests a continuum for substance-use disorders using the number of criteria to determine mild to moderate to severe problems. Substance-related disorders encompass ten separate classes of drugs including alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives, hypnotics, or anxiolytics; stimulants; tobacco; and other substances. Craving has been added as a diagnostic criterion for substance use disorders. Pathological gambling has been reclassified from an impulse-control disorder in the DSM-IV-TR to the category Substance-Related and Addictive Disorders in the DSM-5. Other areas of interest in the DSM-5 that relate to addiction include diagnostic criteria for binge-eating disorder and the emergence of internet gaming disorder. Although many addiction professionals work with individuals with compulsive sexual behaviors, sexual addiction or hypersexual disorder was rejected for inclusion as a disorder in the DSM-5.
World Health Association (WHO)
The official diagnostic system in the United States is based on the International Classification of Diseases and Related Health Problems (ICD) of the World Health Organization (WHO). The ICD is the global standard for diagnostic classification, health reporting, and clinical applications of mental disorders and other medical conditions.
Major mental health providers and many insurance companies use the ICD-10-CM, introduced in 2013, for third-party billing and reporting. At present, there are differences between the ICD-10-CM and the DSM-5. For example, the ICD includes codes for substance abuse and substance dependence. As stated above, the DSM-5 eliminates this difference and suggests a continuum for substance use disorders using a number of criteria to diagnose the problem as mild, moderate, or severe. It is important that people in recovery, who may need addiction services, and addiction professionals keep abreast of development of the ICD-11, expected in 2015, especially similarities or differences with the DSM-5 in diagnostic codes for substance-related and addictive disorders. Note: the DSM-5 cross references the ICD codes.
National Institute of Health (NIH)
The National Institute of Health (NIH), part of the U.S. Department of Health and Human Services (HHS) is the principal government agency for medical research. Two of its 27 Institutes and Centers focus on addiction research and its application to prevention, treatment, and recovery.
The National Institute on Alcohol Abuse and Alcoholism (NIAAA), established in 1970, defines alcoholism as a disease that includes symptoms such as:
• Craving—a strong need, or urge, to drink.
• Loss of control—not being able to stop drinking once drinking has begun.
• Physical dependence—withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety after stopping drinking.
• Tolerance—the need to drink greater amounts of alcohol to feel the same effect.
NIAAA recognizes the enormous health, social, and economic consequences of the misuse of alcohol, alcoholism, and alcohol-related problems across the lifespan. NIAAA funds programs to prevent children and adolescents from beginning and continuing to drink alcohol. NIAAA supports basic research in genetics, neuroscience, epidemiology as well as many clinical studies to improve treatment. Initiatives include a fetal alcohol spectrum disorders program; an underage and college drinking program; medication development; the combined pharmacotherapies and behavioral intervention study (COMBINE); and the collaborative study on the genetics of alcoholism, designed to identify genes that affect the risk for alcohol dependence and alcohol-related behaviors (COGA).
The National Institute of Drug Abuse (NIDA), established in 1974, defines addiction as a chronic brain disorder characterized by the loss of control of drug-taking behavior, despite adverse health, social, or legal consequences of continued drug use. Addiction is characterized by relapses during recovery. NIDA's mission is to lead the Nation in bringing the power of science to bear on drug abuse and addiction. This charge has two critical components. The first is the strategic support and conduct of research across a broad range of disciplines. The second is ensuring the rapid and effective dissemination and use of the results of that research to improve prevention, treatment, and policy as they relate to drug abuse and addiction. NIDA works with a variety of government and private-sector institutions to further scientific knowledge about drug abuse and addiction.
NIAAA and NIDA research suggests that genetics, together with neurobiology and neurochemistry studies of the brain, demonstrates a predisposition toward addiction as well as a brain basis in its appearance. Other bio-psycho-social, even spiritual factors contribute to the manifestation of addiction. Neuro-scientific research also helps explain cognitive and emotional changes associated with addiction as well as behavioral manifestations and complications of addiction. Identified brain areas associated with reward, craving, stress, and cues for addiction increase the risk for relapse.
Reward Deficiency Syndrome (RDS)
Much of the research on reward deficiency syndrome (RDS) began with Dr. Kenneth Blum, a researcher in neuro-psychopharmacology and genetics. His 1990 study with Ernest Nobel, the former director of the National Institute on Alcohol Abuse and Alcoholism, published in the American Journal of the American Medical Association was titled, "Allelic Association of Human Dopamine D2 Receptor Gene in Alcoholism." Although the press has called his finding the "alcoholic gene," Blum believed his work to be of broader scope, calling this gene a "reward gene" which covers other addictive behaviors including drug addiction, smoking, overeating, and pathological gambling.
Blum and colleagues expanded their work and later described a "Reward Deficiency Syndrome (American Scientist, 1996) and more specifically, the "Reward Deficiency Syndrome: A Biogenetic Model for the Diagnosis and Treatment of Impulsive, Addictive, and Compulsive Behaviors" (Journal of Psychoactive Drugs, 2000). In 2005, Reuter and associates demonstrated that pathological gambling is linked to reduced activation of the mesolimbic reward system.
Although smoking rates have declined in the United States, adult smoking rates seem stuck or stalled at 20% of the population. Because Cytochrome P450 2A6 (CYP2A6) gene variants are known to metabolize nicotine and possibly influence nicotine dependence treatment, Akrodou (2014) studied their roles in the treatment of nicotine dependence. He suggests ways gene counseling and nicotine gene therapy can help individualize nicotine clinical treatment to increase smoking quit rates.
Today, reward deficiency syndrome (RDS) is considered as a gene-related condition characterized by compulsive, addictive, and impulsive behaviors. These repetitive behaviors contribute to a host of ailments such as drug addiction, adolescent/adult obesity, ADHD, smoking/smokeless tobacco use, pathological gambling, deviant sex addiction, excessive internet gaming, juvenile delinquency, pathological aggression, chronic pain (fibromyalgia) and other behavioral disorders. Individuals diagnosed with RDS are known to possess specific gene-phenotype variants that can be identified through genetic testing determining both resilience and vulnerability.
Genetic research supports the observation that "addiction runs in families," the heritability factor, and provides a basis for the widely accepted role genetics play in the etiology of addition. Diagnostic tests are being developed to determine individual genetic addiction risk. Genetic research lays the groundwork for current definitions of addiction.
American Society of Addiction Medicine (ASAM)
In August 2011, the American Society of Addiction (ASAM) advanced a definition of addiction as a primary, chronic disease of brain reward, motivation, memory, and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social, and spiritual manifestations, as reflected in an individual pathologically pursuing reward and/or relief by substance use and other behaviors. According to ASAM:
Addiction is characterized by a. inability to consistently abstain; b. impairment in behavioral control; c. craving or increased "hunger" for drugs or rewarding experiences; d. diminished recognition of significant problems with one's behaviors and interpersonal relationships; and e. a dysfunctional emotional response.
Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death. However, as with other chronic diseases, addiction can be managed effectively.
Addiction Severity and Treatment Intensity
Some of us are sicker than others. Recovering people and addiction professionals are familiar with the concepts addiction severity and treatment intensity. Diagnosis reflects addiction severity; services and level of care and suggest treatment intensity. A little history of these concepts follows. We need to consider addiction severity and management intensity when we manage addiction.
Addiction Severity
People with addiction informally talk about addiction severity:
• I hit bottom.
• I never shared needles.
• I don't work the streets.
• All kids steal from their parents; I needed the money to pay my bookies at school.
• I lost my job; my wife left me, and I got arrested for possession.
Most individuals usually minimize addiction severity and rarely seek treatment early in the disease process. Usually adverse consequences or some crisis precipitate a quest for professional help. Many of us were high functioning alcoholics/addicts (HAFs) who "functioned" at home, school, or work while we drank, used, or gambled; meanwhile, our addiction severity increased. We often call this progression.
(Continues...)
Excerpted from Ready, Set, Go! by Sandra Rasmussen. Copyright © 2015 Sandra Rasmussen. Excerpted by permission of Balboa 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 | 16 to 45 business days | 16 to 45 business days |
|---|---|---|
| First item | US$ 54.97 | US$ 54.97 |
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