General terms and conditions, contracts in the online shop at www.leuze-verlag.de
1 General, scope of application
1.1 All offers, deliveries and services of Eugen G. Leuze Verlag KG, Karlstraße 4, D-88348 Bad Saulgau (hereinafter “LEUZE VERLAG”) via the online shop www.leuze.de are made exclusively on the basis of these GTC in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply. Individual agreements always have priority.
1.2 Customers according to these General Terms and Conditions are both consumers and entrepreneurs. Consumers are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs, on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a contract with LEUZE VERLAG, act in the exercise of their commercial or self-employed professional activity.
2 Conclusion of the contract, conclusion of the contract
2.1 Offers in the LEUZE VERLAGS online shop are non-binding and do not constitute legally binding offers. Only the order by the customer is a binding offer according to § 145 German Civil Code (BGB), which LEUZE VERLAG can accept. After the order has been transmitted by the customer, LEUZE VERLAG sends an order confirmation and then a contract confirmation by e-mail. The contract only becomes binding upon delivery of the confirmation of the contract.
2.2 Products and offers in the online shop can be viewed more precisely without obligation by clicking on the product name or the product image. By clicking the button[Add to shopping cart] the selection is put into the shopping cart.
Via the button[SHOW SHOPPING CART] the content of the shopping cart is displayed without obligation. Products can be deleted from the shopping cart by clicking on the graphic[x] “Delete product from shopping cart” or changed by changing the quantity. Afterwards the customer has to confirm the adjustment by clicking the button [ ] “Update quantity information in the shopping basket”.
Then, the customer has to choose the desired method of payment and confirm the general terms and conditions of LEUZE VERLAGS. If the customer wishes to order the products in the shopping cart, click on the button[Checkout] on the page “Shopping Cart”.
The customer can log into his existing customer account, open a new customer account when making his first purchase or continue shopping as a guest without registration. For certain offers, e.g. magazine subscriptions, a customer account must be opened if, for example, the offer also includes certain online content that is located in the password-protected area of the online shop.
In the last step, the customer receives an overview of his order data and can check and change all details again. Address information can be adjusted using the[ENTER/Edit/Address] button. Products can be deleted from the shopping cart by clicking on the graphic[x] “Delete product from shopping cart” or changed by changing the quantity. Afterwards the adjustment should be confirmed by clicking the button [ “Update quantity information in the shopping basket”.
Input errors can also be corrected by the customer by navigating backwards in the browser or by aborting the order process.
To complete the purchase, the button[ORDER PAYMENT] must be clicked at the end. The order is then sent to LEUZE VERLAG.
3 Supplementary provisions for subscribing to journals
In the event that the customer orders a journal subscription, the following provisions of this § 3 shall also apply:
3.1 By ordering a subscription, the customer receives continuous delivery of the magazine concerned for the agreed period, which results from the information on the respective product page, until termination. The information on the relevant product on the respective product detail page is decisive for the reference period or the agreed period of notice for a subscription.
3.2 Subscriptions to journals can be cancelled by the customer in writing, by fax or in text form (e.g. also by e-mail). The information on the product page of the respective product is decisive for the period of notice.
Address for cancelling a journal subscription:
Eugen G. Leuze Publishing House KG
Karl route 4
D-88348 bath Saulgau
The right of withdrawal of consumers according to § 5 of these GTC remains unaffected by this.
3.3 Unless expressly agreed otherwise, the offers of subscriptions shown are directed only at direct customers
4 Storage of the contract text
The order and the order data entered are stored by LEUZE VERLAG. The customer receives an order confirmation by e-mail and then a contract confirmation with all order data including the contract text. Customers also have the option of printing out both the order and the GTC before sending the order to LEUZE VERLAG. Finally, customers have access to the orders they have placed at any time via their customer account, provided they have created it.
5 Right of withdrawal for consumers
5.1 The following right of withdrawal exists only for consumers in distance selling:
right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The time limit for revocation is fourteen days from the day on which you or a third party appointed by you who is not the carrier took or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Eugen G. Leuze Verlag KG, Karlstraße 4, D-88348 Bad Saulgau, Tel. +49/7581/4801-0, Fax +49/7581/4801-10, E-Mail firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or E-Mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
5.2 Unless otherwise agreed, there is no right of revocation for distance contracts,
for the supply of newspapers, magazines or periodicals with the exception of subscription contracts.
6 Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Eugen G. Leuze Publishing House KG
Karl route 4
D-88348 bath Saulgau
I/we (*) hereby revoke the contract of sale concluded by me/us (*)
of the following goods (*)/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 if communicated on paper)
(*) Delete as applicable.
7 Prices and Shipping Costs
All prices are inclusive of VAT plus shipping costs. We deliver with DHL, German Post or another provider of our choice.
8 Delivery conditions
8.1 We deliver worldwide.
8.2 Ordered products will be delivered within 3-6 days after the contract confirmation has been sent, unless otherwise stated in the offer.
8.3 Unless otherwise stated in the offer, magazine subscriptions are delivered in the middle of the respective month.
9 Terms of payment
9.1 Payment can be made either in advance via PayPal or on account. We reserve the right to exclude individual payment methods. When paying by PayPal you will be redirected directly from the order process to the payment pages and make the transfer. In the case of payment by invoice, payment must be made within 10 days to the account specified in the invoice.
9.2 In the case of consumers, we reserve title to the purchased item until full payment of the invoice amount. Are you an entrepreneur
10.1 If you are a consumer, the warranty is subject to the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies:
10.2.1 Delivered goods must be inspected by the customer immediately after delivery, insofar as this is possible in the ordinary course of business. If a defect appears, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall also be deemed approved in consideration of this defect. 377 HGB remains unaffected. The customer is also not relieved of his duty to inspect in the event of recourse by the entrepreneur pursuant to § 478 BGB (German Civil Code). If in such cases he does not immediately report the defect claimed by his customer, the goods shall also be deemed to have been approved in consideration of this defect.
10.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the justified interests of the customer. In the case of these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause does not apply in the case of recourse according to § 478 BGB.
10.2.3 In the event of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the item was taken to a location other than the registered office or commercial branch of the customer to which delivery was made. This clause does not apply in the case of recourse according to § 478 BGB.
10.2.4 The customer’s claims for defects including claims for damages shall become statute-barred after one year. This does not apply in the case of recourse according to § 478 BGB, nor does it apply in the cases of §§ 438 Abs. 1 Nr. 2 BGB and § 634a Abs. 1 Nr. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
11 Liability for damages and reimbursement of expenses
11.1 If you are a consumer, we shall be liable for damages in accordance with the statutory provisions.
11.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to Sections 11.2 to 11.8:
11.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
11.2.2 If we or our representatives or vicarious agents have violated a duty through slight negligence, the performance of which is essential for the proper performance of the contract, the violation of which jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability is limited to the foreseeable, typically occurring damage.
11.2.3 Unless otherwise provided under Sections 11.2.1 and 11.2.2, our liability for damages is excluded. The same shall also apply if recourse claims are asserted against us as suppliers in accordance with § 478 BGB (German Civil Code).
11.3 The exclusions and limitations of liability under Section 11.2 shall also apply to other claims, in particular claims in tort or claims for reimbursement of expenses incurred in vain instead of performance.
11.4 The exclusions and limitations of liability under clause 11.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or on account of culpable injury to life, body or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has been realised.
11.5 We shall only be liable from assuming a procurement risk if we have expressly assumed the procurement risk in writing.
11.6 Unless the limitation of liability pursuant to Section 11.2 applies to claims arising from product liability pursuant to § 823 BGB, our liability is limited to the indemnification of the insurance. If this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This number does not apply to culpable injury to life, body or health.
11.7 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
11.8 A reversal of the burden of proof
12 Legal system, place of jurisdiction
12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 For customers who conclude the contract for a purpose which cannot be attributed to professional or commercial activity (consumer), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his habitual residence.
12.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in D-88348 Bad Saulgau.
12.4 We herewith draw your attention (email@example.com) to the platform for online dispute resolution (OS) of the European Commission. The OS platform can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/. We are not obliged and in principle not prepared to participate in a dispute settlement procedure of the consumer arbitration bodies.
13.1 The contractual language is German.
13.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.