General terms of business
Subject of the general terms of business is the arrangement of the contract conditions concerning all contracts of the Karl Dahm & Partner GmbH (provider) with the user of the online-shop (user) that are made via the online-shop. Basically, the general terms of business apply in their respective valid version at the time of the conclusion of the contract.
1. Conclusion of the contract
The offers of the online-shop are not binding. By clicking on the "order"-button the user declares binding to the provider to purchase the content of the basket of goods. The contract comes to conclusion by the provider´s agreement after sending the order. We retain our freedom of decision whether to accept the offer or not. A corresponding declaration will be sent to the user as soon as possible. By accepting the offer made the contract eventually comes to conclusion.
The conclusion of contract is made with reservation that the delivery by our suppliers occurs properly and in time. This reservation only applies in case we have settled a congruent transaction with the supplier and connot be made accountable for any wrong supply. If it turns out that ordered goods are not available we retain the right to withdraw from the contract. The customer will be informed immediately and payments already effectuated will be refunded.
2. Duty to supply information
2.1 When carrying out an order the user is obliged to give truthful indications. In respect of any alteration of data especially in terms of the name, postal address and e-mail address the customer is obliged to send this alteration immediately cia e-mail to Karl Dahm & Partner GmbH or, as far as registered customers (sales account) are concerned by changing data in the customer area of the online-shop.
2.2 If the user omits to indicate this information or even indicates wrong data from the outset especially a wrong e-mail-address, the provider may withdraw from the contract as far as a contract has been agreed on. The withdrawal will be declared in writing. The written form is also preserved by sending an e-mail.
2.3 Promptly after the contract has been concluded the provider sends an e-mail with the information of the customer to the customer`s e-mail address, which he stated druing the orderin process.
2.4 The customer is responsible for the e-mail address he indicated in terms of it being available from the time of the order on. The receipt of e-mails must not be impossible due to forwarding, shut-down or an overcrowded account.
2.5 Faults of the details made will be presumed if an e-mail addressed to the user is rejected three consecutive times or the service cannot be delivered due to a faulty address.
3.1 All prices are final customer prices in Euro, shown as net- and gross prices. Gross prices contain the current value added tax (VAT) given by the Federal Republic of Germany. The prices at the time of the order are substantial.
We do not assume any liability for any faults in respect to price indications. We reserve the right to adapt prices for exceptional cases.
3.2 Books are price bound. If the publishing house increases the price we inevitably have to calculate a new price. Book prices are shown including 7% VAT.
3.3 If there are e.g. any special offers only for a determined time, we will point out clearly to the time period of this special action.
3.4 Special offers are valid while supplies last. We reserve the right of prior sale.
4. Delivery of goods, provision of services
4.1 The order will be treated promptly and by no later than on the following working day after having the order received.
4.2 By handing over the goods to the supplying company the provider has fulfilled his obligation and trnsmitted all risks to the user.
4.3 Services will be furnished promptly to the user, provided that no other agreements have been made. If the service is not supposed to be furnished via internet and is the user not traceable under the address provided by him, the user gets in delay with the receipt of service. He has to compensate the provider for his addtitional expense caused by vain delivery.
4.4 The provider does not any longer have to provide the service agreed on and can withdraw from the contract if the user could not be found two consecutive times, even though this appointment had been agreed on in writing.
4.5 For his part, the user has the right to withdraw from the contract if the provider fails to furnish the service at the time agreed on.
4.6 In case of unavailability of the service as stipulated in the contract, the provider reserves the right to furnish service or goods of equivalent quality and price.
4.7 Given that it is impossible to furnish such service or goods of equivalent quality and price, the provider can terminate the contract and does not need to provide the service agreed on. In this case the provider obliges himself to immediately inform the user about the unavailability and, given the case, to refund the user`s service in return if already furnished.
5.1 The selling price or remuneration are immediately due, if no other stipulations are made.
5.2 If the subject of contract is a recurring service and therefore, the user has to make a regular payment, then this payment must be settled in advanced always on the first day of a month. In case of withdrawal, payments on surplus will be refunded to him on intervals.
5.3 The user gets automatically in delay if the payment is not settled within thirty days after having received the invoice. With respect to recurring services the user gets in delay even without reminder if he misses out the date for payment.
5.4 In case of delay, legal interest on delay will be imposed.
5.5 The customer only has the right for setting off if his claim in return has been either confirmed as legally valid or accepted by the provider.
5.6 The customer can only exercise retention if his claim in return is based on the same contract.
6. Retention of title
The delivered goods remain within propriety of Karl Dahm & Partner GmbH until the selling price, as well as all payments originating from the business connection have been completely settled, regardless of the expiration of revocation.
7.1 We issue the warranty for a period of twelve months provided that the goods or services are used appropriately. The disclaimer of warranty applies for normal wear and tear as well as damage caused by violence or inappropriate use. We further disclaim any warranty if any modifications or maintenance have been made without our prior approval. For purchased parts the producer`s warranty regulations apply.
7.2 The user is obliged to immediately check the received goods for any obvious faults and verify if the delivery is complete. If he notices any fault he has to communicate this in written form to the provider within eight days. If he refrains from it, he will no longer have any warranty claims based on these faults against the provider.
7.3 The provider is not liable for faults caused by the user. This also applies for ordinary wear and tear. The user´s right of revocation will not be affected by it.
7.4 In case of fault of the goods, the provider can decide either to carry out subsequent delivery or rework. Does the rework definitely fail or are the subsequently delivered goods also faulty, then, the user can ask for refund or reduction of the selling price. For that, the user must return the goods.
7.5 The provider can only be made liable for slight negligence provided that an essential duty of contract has been breached, thus putting in jeopardy the objective of contract and the fulfillment of the purpose of contract. In this case the level of liability is limited to the typical predictable damage.
8.1 The dispatch of goods lies within the ordering party`s risk. All of the information we issued concerning time of supply apply as non-binding. There is no liability for any delayed supply. We are free from our obligations of contract if there are reasonable doubts regarding the contracting party`s credit standing. In case of rejection of receipt of supply all cost, such as freight, handling, etc. are at the expense of the ordering party.
8.2 Damage of dispatch has basically to be raised at the post office or the forwarding agent. Complaints about detectable faults must be communicated to us in written form within eight days after the receipt of goods. Hidden faults must be communicated after being detected in written form and without any delay, however, by no later than six months after receipt of goods.
9.1 We do not assume any liability for inappropriate and amateurish use of our products, neither for sequential damage resulting from it, such as losses of trade, service interruption, wrong installations, etc.
9.2 see 7.5
9.3 There is no assurance for features of goods or services. The description of goods and services does not represent any assurance for features.
9.4 The law of product liability will not be affected.
9.5 These regulations also apply for the procider`s assistants.
10. Applicable law
German law applies under exclusion of UN civil code.
11. Deviating conditions of the customer
Given the case that the customer refers to own general terms of business, which deviate from these in terms of content then the provider`s general terms of business apply exclusively.
12. Place of performance and place of jurisdiction
Traunstein is the exclusive place of jurisdiction if the user is either merchant, legal person under public law or off-public separate property. The same applies if the user does not have a place of jurisdiction in Germany.
Prices, descriptions, measures, weights and images indicated in the online shop are non- binding. Modifications and mistakes reserved.
Please note: The prices indicated in GBP are nonbinding. Invoices will be made out in EURO only.
This Online-Shop is the property of Karl Dahm & Partner GmbH. Any reprinting or copying, even of excerpts only, is not allowed without permission from Karl Dahm & Partner GmbH (Copyright)