General Terms and Conditions (AGB)

 

§ 1 Validity of the conditions

Snoeck Verlagsgesellschaft mbH (hereinafter referred to as "the publisher") carries out its publishing activities both directly and through its distributor, RUNGE GmbH, Bergstr. 2, 33803 Steinhagen (Tel. 0049-(0)5204-998443, Pia.Nowak@RungeVA.de (hereinafter referred to as the Supplier) shall only fulfil orders from customers on the basis of the following General Terms and Conditions (GTC). The terms and conditions available at the time of ordering shall apply. This text can be downloaded to the customer's computer or printed out by the customer. We do not recognise any provisions deviating from these terms and conditions unless they are confirmed by us in writing. 

§ 2 Purchase contracts

The contracts between the publisher or the supplier and the customers (buyers) are sales contracts. The mutual obligations arise from the following provisions. In all other respects, the law of the Federal Republic of Germany shall apply insofar as this is permissible. The essential characteristics of the goods can be found in the descriptions of the individual goods. The order placed by the customer represents the submission of a binding offer to conclude a purchase contract. Acceptance of the order does not constitute the conclusion of a contract. The contract with the publisher/deliverer is only concluded as soon as the customer receives a written confirmation. This can be sent at any time by e-mail, post or fax. The contract is also concluded when the goods are sent to the customer.

§ 3 Orders and prices

The prices quoted include the statutory value added tax. The prices quoted do not include packaging and freight. The costs for packaging and freight are shown separately during the ordering process and are to be paid together with the payment for the ordered goods via Paypal or in advance. The prices shown during the ordering process shall apply.

In the event that the delivery is not to be delivered or performed within four months of the conclusion of the contract, we reserve the right to increase the price in accordance with the following provisions. The publisher/deliverer may only increase a price if the increase has been made to prices that are subject to statutory fixed book prices or if the increase reflects a change in the applicable exchange rates. The publisher/deliverer shall notify the increase in price without delay. In the event of a price increase, the customer may withdraw from the contract. In the event of a price reduction, the customer shall be entitled to a corresponding price reduction. In the event of a price reduction, cancellation by the customer is excluded.

§ 4 Delivery times

The publisher/deliverer shall fulfil the order no later than 30 days after the day following the date of the order. If the ordered goods are not available, the customer will be informed accordingly. In this case, the publisher has the right to withdraw from the contract and must refund any payments made.

§ 5 Right of cancellation

The customer has a right of cancellation. He can cancel his contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or, if the goods are handed over before the deadline, also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfilment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations in accordance with § 312 g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. In the case of the conclusion of a contract for a recurring service, the period does not begin before receipt of the first partial delivery and also not before fulfilment of the above-mentioned information obligations.

The cancellation must be sent to the following address:

Snoeck Verlagsgesellschaft mbH

Dürener Str. 245
50931 Cologne
Fax 07131-9199287
E-mail mail[@]snoeck.de

Consequences of cancellation

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the customer is unable to return or surrender the goods or services received and any benefits (e.g. benefits of use), or is only able to return or surrender them in part or in a deteriorated condition, the customer must compensate the publisher/deliverer for the loss in value. The customer only has to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in bookshops. Goods ready for despatch by parcel post are to be returned at our risk. The customer must ensure that the goods are properly packaged. Damage caused by transport shall be borne by the customer in the event of improper packaging. The customer shall bear the regular costs of returning the goods if the goods delivered correspond to the goods ordered and the price of the goods to be returned does not exceed €40. The customer is obliged to bear the costs if the value of the returned goods exceeds € 40 in cases where the customer has not paid the consideration or an agreed instalment. In all other cases, the return is free of charge for the customer. Goods that are not ready for dispatch by parcel post will be collected from the customer. Obligations to reimburse payments begin for the customer with the dispatch of the cancellation notice or the goods, for the publisher/deliverer with the receipt of the goods.

End of the cancellation policy

Exclusion of the right of cancellation:

The above right of cancellation only applies if you have concluded the distance contract as a consumer. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or self-employed activity.

Consumers also have no right of cancellation for distance contracts in the following cases:

for the delivery of audio or video recordings or software, provided that the seal on the delivered data carriers has been broken by the consumer

or

for the delivery of newspapers, magazines and periodicals, unless the consumer has made his contractual declaration by telephone.

§ 6 Payment methods

Orders are to be paid either via Paypal or in advance by bank transfer to the accounts specified by the publisher/deliverer prior to delivery. Debt-discharging payments can only be made via Paypal or prepayment. Deviating regulations require the express agreement of the parties. 

§ 7 Antiquarian books

The books on offer are in good condition, unless otherwise stated in the offer. Minor defects are not always indicated, but are always included in the price. The offer is always subject to change, there is no obligation to deliver. Orders are delivered in the order in which they are received.

§8 Retention of title

The goods sent shall remain the property of the publisher/deliverer until payment has been made in full. The right of retention of title shall remain in force until the expiry of the cancellation period in accordance with § 5 of these General Terms and Conditions. Only upon expiry of this period or a prior waiver of this right by the customer shall ownership be transferred to the customer. If the goods sent are sold to third parties, the customer's claim against the third party for payment of the purchase price shall be transferred to the publisher/deliverer (extended retention of title).

§ 9 Data protection

The customer agrees to the storage, processing and utilisation of the personal data provided to the publisher/deliverer during the ordering process for contractual purposes and on the basis of the data protection regulations. The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. The publisher/deliverer complies with the statutory data protection regulations and uses the customer's data only for the purposes for which it is authorised. The publisher/deliverer shall process, store, analyse and use the data received in connection with the business relationship in accordance with the data protection laws. The publisher/deliverer shall use the data to process the orders and any complaints. Furthermore, the customer's e-mail address will only be used for notifications relating to orders and commissions and for information letters which may be of interest to the customer, such as changes to the range, new publications, special offers and promotions. If the customer does not wish to receive these information letters, he can object to the sending of the information letters. The publisher also sends newsletters to customers selected by it. The customer can also object to the sending of these newsletters.

In principle, the data will not be passed on to third parties. It is the policy of the publisher/deliverer to treat the customer's data confidentially. Exceptions to this are cases in which the publisher/deliverer has to use third parties to process orders. These include service providers for the delivery of parcels and for the processing of payments.

§ 10 Applicable law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Contract amendments and amendments to these GTC must be made in writing. This also applies in particular to this written form requirement. The invalidity of individual provisions shall not affect the validity of the remaining provisions of these GTC.

For further information