Imprint
Kerber Verlag
Christof Kerber GmbH & Co. KG
| Managing director | Christof Kerber |
|---|---|
| Production | Windelsbleicher Straße 166 D-33659 Bielefeld 0049 (0) 521 / 9 50 08 10 Telefon 0049 (0) 521 / 9 50 08 88 Telefax info(at)kerberverlag.com |
| Editorial office Berlin |
Rudi-Dutschke-Straße 26 D-10969 Berlin 0049 (0) 30 / 2592827-0 Telefon 0049 (0) 30 / 2592827-2 Telefax buero.berlin(at)kerberverlag.com |
| Register court Register no Company registration no. VAT-no. |
Handelsregister AG Bielefeld HRA 9337 11 838 DE 126 941 296 |
Member of Börsenverein des Deutschen Buchhandels,
VG Bild-Kunst, Bonn and VG Wort, München.
Liability note: Despite careful examination of the contents we assume no liability for the contents of external links. The contents of linked pages are only in the responsibility of their operators.
Terms and Conditions
1. Area of applicability
Business relations between Kerber Verlag (hereafter called kerberverlag.com) and a customer are exclusively subject to the general terms of business mentioned below in the version which is valid at the time the order is placed. Any departures from these conditions are not accepted by kerberverlag.com, unless kerberverlag.com has given a written approval.
2. Conclusion of agreement
If you place an order with kerberverlag.com online-shop, you will receive an e-mail confirming your order in detail. Your order is a tender from you to us to conclude a sale contract. We accept this tender by advising you by e-mail that we despatched the goods. For articles of one and the same order not mentioned in the e-mail advice of despatch no contract of sale has been concluded. The agreement is made with kerberverlag.com.
3. Withdrawal
The customer on his part may withdraw from the contract within two weeks after receipt of the goods by written cancellation (also by e-mail) or by returning goods he has not used, i. e. they are still shrink-wrapped. Provided that the order value is exceeding 40.00 EUR kerberverlag.com will refund costs of the return. Please note that kerberverlag.com might keep back a reduction in value because goods have been used.
Guarantee of taking back goods:
- You may return all articles bought at kerberverlag.com within 30 days. According to § 312d civil code (BGB) you have the right to withdraw within two weeks after receipt of the goods.
- We will transfer the value of the goods (and if necessary postage expenses as well) to the bank or credit card account indicated on the order. In case you pay on account, we will offset postage expenses we have to pay against possible outstanding invoice amounts from the returned delivery. Otherwise we will transfer all amounts due to the account already known to us
- We would recommend to keep the certificate of posting of an insured parcel until you have received the credit amount on your account
- Despatch costs of returned goods will be reimbursed according to § 357 civil code (BGB) on condition that
- you rescinded the purchase contract in writing or by e-mail or you returned the goods to us
- The order value is exceeding 40.00 EUR.
- The value of the order at the time goods have been bought is decisive. In order to meet the deadline it is sufficient to despatch the parcel in time
If goods have been used
- After 14 days have passed, we will not take them back.
- If goods have been returned within this period, we reserve to charge an appropriate amount for the use of the goods if they show clear signs of use
- Despatch costs will also be reimbursed if goods reached you damaged or defective. We ask for your comprehension that in all other cases you have to bear despatch costs. So especially if the order value is less than 40.00 EUR or if goods are returned to us after 14 days only (but still within 30 days), and the contract was not withdrawn within the period of 14 days either
Returns please address to
Runge Verlagsauslieferung GmbH, Bergstr. 2, D-33803 Steinhagen
4. Delivery
Unless anything else has been agreed, delivery will be effected from stock to the consignee address advised by the customer. Statements regarding delivery periods are not binding unless a delivery date has been confirmed as an exception
If the supplier of kerberverlag.com does not supply the ordered goods to kerberverlag.com despite contractual obligation, kerberverlag.com is entitled to withdraw from the contract. In this case, the buyer has to be informed by return that the article ordered is not available. An already paid purchase price will be paid back immediately.
5. Terms of payment, arrears
The customer may settle the purchase price by invoice (in accordance with the terms mentioned in § 5). In case of delay in payment kerberverlag.com is allowed to charge interest on outstanding payments of 2 % beyond the respective basis interest rate p.a., which is released by the European Central Bank. If kerberverlag.com sustained provable higher damages due to non-payment, kerberverlag.com is entitled to claim damages
Delivery address, home address and invoice address must be identical. The invoice amount is payable on receipt of the invoice
6. Offset / retention of payments
The customer is only authorized to offset payments if his counterclaims have been etablished legally or if kerberverlag.com accepts them. Furthermore, he is only entitled to make use of his right to keep back payments if his counterclaims are based on the same contract relations
7. Proviso of property
Goods supplied remain property of kerberverlag.com until the total amount has been paid
8. Liability for faults
If goods bought are faulty, the customer may demand a retreatment (elimination of the fault or replacement delivery). If a retreatment is not successful, the customer in case of substantial faults may rescind the contract, reduce the purchase price or claim damages.
Unless advised to the contrary in the following, any further claims by the customer - it doesn’t matter on which legal justification these are based - are excluded. Therefore, kerberverlag.com is not liable for damages which incurred not at the article delivered itself; especially kerberverlag.com is not liable for lost profits or any other loss of property of the customer. As far as kerberverlag.com’s liabality is excluded or restricted, this also applies to personal liability of people employed, representatives and seller’s assistants of fulfillment.
Above restriction of liability neither comes into force if damage was caused by intentional action or gross negligence nor in case of injury to persons. In addition it is not effective if the customer enters a claim due to §§ 1, 4 product liability law.
If kerberverlag.com violates a duty negligently which is an essential part of the contract, duty of replacement for damage to property is restricted to the typical kind of damage.
The limitation period is 24 months from date of delivery
9. Applicable right and legal court of jurisdiction
German law excluding UN purchase law is applicable. The only court of jurisdiction for all claims relating to the business connection is Bielefeld, provided that the customer is full trader. kerberverlag.com towards full traders is also entitled to enter a claim at another court of jurisdiction
Towards a customer who is not full trader, kerberverlag.com may enter a claim at the district court of Bielefeld too, if the customer does not have a general court of jurisdiction in the Federal Republic of Germany or if his place of residence or his usual domicile after conclusion of the contract is not known at the time the claim is enforced at law
10. Data protection and final clauses
These terms are valid during the period of the business relation. Former business relations are repealed
kerberverlag.com is obliged to treat all data and records on the customer kept in the company confidentially and not to make them available to third parties. kerberverlag.com in the scope of data protection law is entitled to store and use data on the customer for their own purposes according to § 33 federal data protection law (BDSG)
Announcement of these terms of business makes all previous terms invalid
The contract remains binding, even if some items are ineffective. Instead of these ineffective regulations an adapted special regulation, which comes close to the econimical purpose of the ineffective regulation as far as possible, applies
Supplements or changes of the contract must be drawn up in writing in order to become effective