General Terms and Conditions
Section 1 - Scope
The following terms and conditions, as in effect at the time of ordering, exclusively apply to the business relationship between Christof Kerber GmbH & Co. KG (hereinafter referred to as Kerber Verlag) and the purchaser. Kerber Verlag shall not recognise any conditions of the purchaser that differ from these terms and conditions and these shall not form part of the contract, unless their validity is expressly agreed in writing.
Section 2 - Ordering
You are able to browse through our range of products and services without pressure. If you find something interesting, place the product in your virtual shopping basket. To do this, click on the small shopping basket symbol, which is shown under the price. Of course, you are able to remove products from your shopping basket at any time.
You initiate the ordering process by clicking “See your basket” on the menu to the left of the page or by clicking on the shopping basket symbol, which you will find at the top right of the screen, in the header. Here you will see all products that you have placed in the shopping basket. You are able to remove products from the shopping basket or to change the quantities. In order to proceed with the ordering process, click on the “Checkout” button. Here, you will also have an overview of the expected shipping costs.
In order to proceed with the ordering process, click on the “Buy online” button. Here, you will once again have an overview of all products that you have placed in the shopping basket. Under this list, you will be asked to select the payment method (invoice, Paypal, credit card, instant transfer) from the dropdown menu, as well as to enter your contact details such as billing and shipping addresses. Should you select the advance payment option, before shipping you will receive an invoice via email with the bank details. Please note that this can take 1 to 2 working days to process. By clicking the "next" button, you will come to a final overview of all products, along with all other possible costs related to your order.
Before your order is submitted by clicking the "buy" button, you are able to correct the information you have entered by clicking the "back" button at every stage of the ordering process.
By clicking the "buy" button, your order will be initiated and forwarded to us. With your order, you bindingly declare your intention to purchase the goods.
Section 3 - Conclusion of contract
The presentations in our online shop do not constitute a legally binding offer, but are solely an unbinding invitation to you to purchase our products. Only upon clicking the “buy” button do you make a binding contract offer. Before completion of the order, you are able to verify your order as a whole, including amount, title, and shipping address.
The contract between us and our customer shall only become legally binding when we confirm the customer’s order via the activation of download links or, in the case of orders for goods, via the sending of an email, and thereby accept the customer’s offer. This email is forthwith your order confirmation and contains the necessary contract information as well as the terms of the contract.
In the event that the title ordered has not yet been published, the order will be reserved until it is released.
The contract shall be with
Christof Kerber GmbH & Co. KG
Windelsbleicher Str. 166-170
The languages available for the conclusion of the contract are German and English.
Section 4 - Exception due to unavailability
We reserve the right not to fulfil you order in the event that the ordered title is out of stock and out of print, and is therefore not available. In this case, we shall notify you of the unavailabilty immediately and, promptly reimburse any amount you have paid for the purchase.
Section 5 - Delivery and shipping costs
Section 5.1 - Delivery and shipping costs for our books
Unless otherwise agreed, the delivery will be carried out from the warehouse to the delivery address entered by the purchaser.
Deliveries within Germany and Switzerland will be free of shipping costs.
For deliveries outside of Germany and Switzerland, the purchaser will be charged the following fixed-rate shipping costs:
For deliveries within Europe: €12.00 (free of charge for orders worth €50.00 or over)
For deliveries to the rest of the world: €20.00 (free of charge for orders worth €100.00 or over)
Delivery times are:
Within Germany: 5 days
Within Europe: 10 days
Rest of the world: 30 days
These delivery times estimate the number of days after the payment order is placed with the remitting financial institution (for advance payments) or after the conclusion of the contract (for payment by invoice, Paypal or credit card payments).
Deliveries will generally be billed in Euros (€). Deliveries in Switzerland are an exception and will be processed by our Swiss-based distributors. Deliveries in Switzerland will be billed in Swiss Francs. The exchange rate on the day the contract is concluded shall apply. Since spring 2007 there has been no fixed book price agreement for books in Switzerland. As such, there may be local price variations. Exported goods are not subject to price fixing. Therefore, outside of Germany there may be price variation on titles.
Section 5.2 Packaging and shipping of collector's editions
Collector's editions are exclusively available for purchase directly from the publishers. The books and original works are packaged in purpose-made boxes, in accordance with their value. The delivery is carried out by a courier that we commission. Courier costs are calculated according to the delivery location and are to be borne by the customer. Dispatch takes place within 10 days of the receipt of payment.
Information given concerning the delivery date is not binding, unless, exceptionally, there has been acceptance of a binding delivery date. Packaging is carried out in accordance with standard trade and commercial practices. We must be informed in writing within one month of the order date in the event that ordered items for delivery have not been received.
Section 6 - Due date / Payment / Delay
The invoice amount is, without deduction, payable on receipt of the goods. The purchaser can pay the purchase price by invoice, advance payment or Paypal (credit card or debit). For purchases by invoice, should the payment be late, Kerber Verlag will be entitled to a late fee of €5.00, as well as default interest of 5 percent (%) above the base rate set by the European Central Bank per annum. Should Kerber Verlag be able to demonstrate that greater loss has been suffered as a result of the delayed payment, it will be entitled to compensatory damages for this amount.
Section 7 - Setting off / Retention
The purchaser only has the right to set-off when his counterclaims are established as legally valid, or are recognised by Kerber Verlag. Additionally, the purchaser is only entitled to exercise his right of retention if his counterclaim is based on the same contractual relationship.
Section 8 - Retention of title
The delivered goods shall remain the property of Kerber Verlag until full payment is received.
Section 9 - Cancellation Policy
Consumers have a statutory right of cancellation. A consumer is any natural person who enters into a transaction for purposes which are predominantly not related to their commercial or their independent business activity (Section 13 of the German Civil Code (BGB)).
Please see the "Cancellation Policy" for further information concerning this.
Section 10 - Liability for defects/Warranty
The statutory liability for defects applies.
Should the purchased goods be defective, the purchaser shall be entitled to claim cure (remedy of defects or delivery of a replacement). If this cure is not performed within 8 weeks, the purchaser will be able to withdraw from the contract, have the purchase price reduced, or claim damages.
Unless otherwise stated below, further claims by the purchaser, on whatever legal basis, are excluded. Therefore, Kerber Verlag shall only be liable for damages affecting the delivery item itself; in particular, Kerber Verlag shall not be liable for lost profits or for any other financial damage suffered by the purchaser. Where liability of Kerber Verlag is excluded or limited, this shall also apply to personal liability of employees, representatives and agents.
The above limitation of liability shall not apply when the cause of damage is attributable to intent or gross negligence, or in the event of personal injury. Additionally, it will not apply when the purchaser is entitled to claims arising from sections 1 and 4 of the German Product Liability Act (ProdHaftG). It shall also not apply to damage that is typical for the contract, the origin of which we should have foreseen given the circumstances known to us at the time of the conclusion of the contract, and the damage is due to a breach of contractual duty by Kerber Verlag.
The warranty period is 12 months from the date of delivery.
Obvious defects, for example through damage in transit, must be reported in writing to Kerber Verlag within two weeks from receipt of delivery as otherwise full liability for damage cannot be assumed.
Section 11 - Applicable law and local court of jurisdiction
The law of Germany shall be applicable, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive court of jurisdiction for all claims arising from the business relationship is Bielefeld, provided that the purchaser is a registered trader. Kerber Verlag is also entitled to bring a claim against registered traders before another court of jurisdiction.
Against a purchaser who is not a registered trader, Kerber Verlag can bring a claim before the Bielefeld local court when the purchaser has no court of general jurisdiction within the Federal Republic of Germany, or when, after conclusion of the contract, the purchasers domicile or habitual abode is unknown at the time of the claim.
Should the purchaser sell the goods, the German fixed book pricing regulations are to be observed.
Section 12 - Data protection and final provisions
Kerber Verlag undertakes to treat all data and documents which are stored in relation to the order process confidentially, and to not allow access to them by unauthorised third parties. Under the German Federal Data Protection Act (BDSG), Kerber Verlag is, however, entitled to store and process data about the customer for its own purposes.
For more information, please see the data protection statement.
With the declaration of these terms and conditions, all hitherto existing provisions are no longer valid. These conditions shall remain valid for the duration of the business relationship. Earlier business relationships shall cease to apply.
We are entitled to amend the above General Terms and Conditions at any time. In this event, we will inform you of the amendments to the General Terms and Conditions by email. You will have a period of two weeks in which you can object to the amended General Terms and Conditions. If you do not do so, it shall be deemed that you have accepted the amendments. Otherwise these General Terms and Conditions shall continue to apply unmodified.
Supplements and modifications to the contract will only be valid if in writing.