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.

 

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Terms and Conditions

1. Scope of validity
The following general terms and conditions apply exclusively to the business relationship between Kerber Verlag and the Buyer in the version applicable at the time of ordering. Any conditions of the Buyer that deviate from these are not recognised by Kerber Verlag unless their validity has been expressly approved in writing.

2. Ordering and conclusion of contract
With the completed order at the online shop of Kerber Verlag the Buyer declares their binding intention to purchase the ordered goods. Before completion of the order the Buyer has the opportunity to review the amount, title and delivery address in whole.
On completion of the ordering process Kerber Verlag will send the Buyer an email confirming the receipt of the order and citing the order date. This confirmation email does not represent the binding acceptance of the order. In the case of typographic, printing or calculation errors on the website, Kerber Verlag is entitled to withdraw. A delivery will follow pending availability of the goods.
If the ordered title is not yet published, the order will be reserved until it becomes available.
The contract is with Kerber Verlag (Christof Kerber GmbH & Co. KG).

3. Delivery and carriage charges
Unless otherwise agreed, delivery will take place from the warehouse to the delivery address supplied by the Buyer.
Delivery within Germany is free of charge.
For delivery outside of Germany, the following fixed-rate delivery costs will be charged:
Fixed-rate delivery within Europe: 12,00 € (free of charge for goods over 50,00 € order value)
Fixed-rate delivery to rest of the world: 20,00 € (free of charge for goods over 100,00 € order value)

Delivery times generally take:
Within Germany ca. 3–5 working days
Within Europa ca. 5–10 working days
Rest of the world ca. 10–30 working days

Information on the delivery date is not binding, provided that the delivery date was not, as an exception, agreed to as binding. Packaging is carried out in accordance with trade and commercial practice.
Risk will pass to the Buyer as soon as the goods leave the warehouse.
Ordered goods that are available but have not been received are to be announced in writing no later than a month after the order date.
As a rule, deliveries are invoiced in euros (€). Exceptions are deliveries in Switzerland, which are processed through our local distributors. Deliveries in Switzerland are invoiced in Swiss francs (CHF). Since February 2007 there has been no fixed book price agreement for books within Switzerland. The CHF prices stated on our website are therefore merely non-binding price recommendations.
Exported goods are not subject to the fixed price agreement, resulting in possible price variations of titles outside of Germany.
Should the distributor for Kerber Verlag, despite contractual obligation, not supply Kerber Verlag with the goods ordered by the Buyer, Kerber Verlag is entitled to withdraw from the order. In this case the Buyer will be informed immediately that the product ordered is not available. The purchase price already paid will be immediately reimbursed.

4. Cancellation
The following provision applies to consumers (any individual person who concludes a transaction for a purpose that can be attributed to neither their commercial nor their independent professional activities): According to § 312 d of the German Civil Code (BGB) you have a fixed-term cancellation period in line with § 355 of the German Civil Code.
You can cancel the sales agreement within 14 days after receipt of the goods in writing (also by email) and without reason or by returning the goods, which are to be unused, i.e. still shrink-wrapped, and undamaged. It should be pointed out that Kerber Verlag, where applicable, can retain any loss of value of the item caused by using the goods.
Cancellations are to be made to:

Christof Kerber GmbH & Co.KG
Windelsbleicher Straße 166-170
D-33659 Bielefeld
0049 (0) 521 / 9 50 08 10 Tel
0049 (0) 521 / 9 50 08 88 Fax
info(at)kerberverlag.com

Return policy:
• You can return items bought from Kerber Verlag within 30 days, provided the goods are unused and undamaged. According to § 312 d of the German Civil Code (BGB) a right to cancellation within 14 days on receipt of the goods is allowed.
• We will transfer the value of the goods (and, where applicable, also the postage costs) to a bank or credit card account supplied by you.
• It is recommended to retain the delivery note of an insured parcel until the credit has reached your account.
• Carriage charges for returns will be reimbursed to you under the following conditions in line with § 357 of the German Civil Code (BGB):
1) You have cancelled the purchase agreement in writing or by email within 14 days on receipt of the goods or have returned the goods to us.
2) The order value is over €40,00. This applies to the value of the order at the time of purchase.
The punctual dispatch of the packet is sufficient to meet the deadline.
In the event that the goods were opened:
• We will not accept the goods after the 14-day deadline has expired.
• For returns within 14 days, we reserve the right to charge an appropriate amount for the use of the items, should the goods show clear signs of use.
• The carriage charges will only be reimbursed to you if the goods are damaged in transit or show defects. We hope you understand that in all other cases the carriage charges are to be borne by you. This is also the case if the goods are under €40,00 or if the goods are returned to us after the 14 days expire (but still within the 30-day deadline) and the contract has not been cancelled within the 14-day deadline.

Please send returns to:
Verlegerdienst München GmbH
Gutenbergstr.
D-82205 Gilching

Consequences of cancellation:
In the case of a valid cancellation, services received by either party are to be returned. If the Buyer cannot return or surrender the service or uses (e.g. benefits of use) in full or in part to the publisher, or can only do so in a deteriorated condition, then the Buyer must to this extent compensate the publisher. This does not apply if the deterioration of the item is attributable to having been inspected – such as would have been possible in a retail outlet. In other respects you can avoid the obligation to compensate for deterioration by using the goods as intended, by not using them as if they were your property and by refraining from doing anything that could impair their value. Obligations to reimburse payments must be met within 30 days. The deadline begins for you with the dispatch of the goods or by requesting that the goods be returned, and for us from the receipt of the goods.

5. Due date / payment / late payment
The invoice amount without deduction is payable on receipt of the goods. The Buyer can pay the purchase price by invoice, advance payment or PayPal (direct debit or credit card). If the Buyer is late in paying, Kerber Verlag is entitled to claim late payment fees of 5,00 € as well as default interest of 5 per cent (%) above the base interest rate p.a. set by the European Central Bank. If Kerber Verlag accrues a greater loss proven to be caused by delayed payment, it will be entitled to lay claim to it.

6. Offsetting / retention
The Buyer is only entitled to offsetting if his counterclaims have been legally determined final and absolute or have been recognised by Kerber Verlag. In addition, the Buyer is only entitled to exercise his right of retention if his counterclaim is based on the same contractual relationship.

7. Retention of title
The goods delivered remain the property of Kerber Verlag until complete payment has been received.

8. Liability for defects
If there is a defect in the item bought, the Buyer can claim rectification (remedy of the defect or substitute delivery). If the rectification does not happen within 8 weeks, in the event of a significant defect the Buyer can withdraw from the contract, have the purchase price reduced or claim compensation.
Unless specified in the following, further claims by the Buyer – for whatever legal reasons – are excluded. Kerber Verlag is therefore not liable for damages that did not occur on the delivery item itself; Kerber Verlag in particular is not liable for lost profits or for any other financial damage to the Buyer. Where liability by Kerber Verlag is excluded or limited, this will also apply to personal liability of employees, representatives and agents.
The above-mentioned limitation of liability does not apply if the cause of the damages is due to deliberate intent or wanton negligence, or in the case of personal injury. Nor does it apply either if the Buyer asserts claims under §§ 1, 4 of the German Product Liability Act (ProdHaftG).
Where Kerber Verlag negligently breaches an essential obligation, its obligation to compensate property damages is limited to typically sustained damage.
Warranty period is 12 months from delivery.
Obvious defects through carriage damages, for example, must be reported in writing immediately upon delivery and at the latest within 5 workdays after receipt of delivery, since otherwise no full liability for damages can be accepted.

9. Applicable law and local jurisdiction
The law of Germany applies under the exclusion of the United Nations Sales Law.
Sole area of jurisdiction for all claims pertaining to the business relationship is Bielefeld, provided the Buyer is a registered trader. Kerber Verlag is also entitled to enter a claim against registered tradespeople in another area of jurisdiction.
Kerber Verlag can also enter a claim against a Buyer who is not a registered trader before the district court of Bielefeld if the Buyer has no local general area of jurisdiction in the Federal Republic of Germany or if after conclusion of the contract his place of residence or usual abode at the time of the claim is unknown.
In the event that the Buyer sells the goods, the German fixed price provisions are to be observed.

10. Data protection and final clauses
Kerber Verlag undertakes to treat complete data and documents, which are stored in connection with the order process, as confidential and to not allow access by any unauthorised third party. Kerber is entitled within the data protection act to store and process data on the customer for their own purposes according to § 33 of the German Data Protection Act (BDSG).
With the declaration of these terms of trading, previous conditions are no longer valid. These conditions are applicable for the length of the business relationship. Previous terms of trading cease to be effective.
The contract remains binding even when individual points are void. Instead of the non-effective provisions, statutory regulations whose economic purpose is as close as possible to the non-effective provision shall apply.
Supplements and amendments to the contract are only effective in written form.

 

 

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