General Terms and Conditions of Open Source Press GmbH
Open Source Press GmbH
Phone: +49 - (0)89 - 28755562
Fax: +49 - (0)89 - 28755563
Trade register: HRB 148417 - Munich Local Court (registry court)
Managing director: Dr. Markus Wirtz
Tax no.: 820/16771
VAT no.: DE 813 777 475
Verkehrsnummer (German publishing company ID): 11445
ORDERING BOOKS AND OTHER GOODS
§ 1 Scope of Application
Business relationships – and all future transactions – between Open Source Press GmbH (hereafter referred to as the seller) and the ordering party are exclusively subject to the following general terms and conditions revised on the date of order. The seller will not accept any other conditions unless he has explicitly agreed to their applicability.
§ 2 Conclusion of a contract
Your order is initiated when you place goods in your shopping basket and click "buy now". You start the actual order process when you click “CHECKOUT”. The products that you have placed in your shopping basket are listed. Here you have the possibility of removing products from your shopping basket again. Then all the products in your shopping basket are shown, together with any extra costs that may be payable in connection with your order.
Before you send off your order by clicking on “buy now”, you can correct the details by clicking on “update” or “delete”. To alter the quantity ordered, write over the figure given in the relevant space and then click on “update”. To delete an item, all you need to do is click on “delete”.
By placing the order, you make a binding declaration that you wish to purchase the goods in question. You will receive prompt email notification once we have received your order. Notification of receipt is automatic and is not a declaration of acceptance. The sales contract is only concluded when we deliver the goods, thereby accepting the offer to conclude a sales contract that you have submitted in your order.
§ 3 CANCELLATION POLICY
Consumers have a statutory cancellation right. A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Civil Code § 13).
- Statutory information on cancellation rights -
Right of cancellation
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period lasts 14 days from the day on which possession of the goods is acquired by you or by a third party named by you other than the carrier.
For e-books and other digital goods and services (e.g. streaming videos), the cancellation period is 14 days from the date of contract closure. In order for digital goods to be delivered immediately, a checkbox is provided during the order process by means of which you waive your cancellation right.
To exercise your cancellation right for physical goods, inform us of your decision to withdraw from the contract by sending us an unequivocal statement (e.g. by post, fax or e-mail).
Open Source Press GmbH
To meet the cancellation deadline, it is sufficient to send off the statement that you are exercising your cancellation right before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we have to refund to you all the payments we have received from you – including delivery costs (but excluding any extra costs incurred because you chose some form of delivery other than the cheapest standard delivery we offer) – without delay, and at the latest within fourteen days of the date on which we receive your cancellation notice. For effecting the refund, we shall use the same means of payment as you used for the original transaction, unless some other procedure has expressly been agreed with you; on no account will you be charged any fees for this refund.
We can refuse to effect a refund until we have received back the goods, or until you have furnished evidence that you have returned the goods, whichever occurs earlier.
You have to send back or return the goods to us without delay, in all events within 14 days at the latest of the date on which you notify us about your withdrawal from the contract. The deadline is met provided you dispatch the goods before the 14-day period expires. You must pay the costs directly incurred for returning the goods.
By the way, you can avoid the obligation to pay compensation for wear caused by subjecting the product to more than the usual initial inspection, by treating the items as if they are not your property and not doing anything that may affect their value.
– End of statutory information on cancellation rights –
Furthermore, the cancellation right does not apply to distance contracts for the delivery of audio or video recordings or of software if the consumer has unsealed the storage media supplied.
§ 4 Unavailability
We reserve the right to refrain from fulfilling your order if we do not have the ordered item in stock, the unstocked item is out of print, and the ordered goods are therefore not available. In this case, we will inform you immediately that the item is unavailable and immediately refund any payment you have already made.
§ 5 Prices and shipping charges
Our final prices are given in euros. They include statutory value-added tax. Prices quoted for items that have not yet been published may be subject to alteration.
Shipping is free for deliveries within Germany.
Deliveries to destinations outside Germany are subject to shipping charges; these depend on the weight and destination of the consignment and are displayed in the online shop during the ordering process. International orders may be subject to customs duties.
§ 6 Return shipment costs
If you cancel the contract (§3), you are obliged to bear the regular costs for return shipment, if the goods delivered correspond to those ordered.
§ 7 Prices and delivery terms
Unless otherwise agreed, the goods are delivered from stock to the delivery address specified by the ordering party.
Unless otherwise agreed, the purchase price falls due for payment on conclusion of the contract. The ordering party may pay the purchase price via credit card, PayPal or bank transfer; payments for e-books and other goods for downloading may be paid for by credit card or PayPal only. Orders on account (for payment by bank transfer) are only possible up to a total invoice amount of 150.00 euros.
Payment on receipt of invoice is only possible for consumers aged 18 or over.
Your goods will be delivered between 3 and 7 working days after receipt of your order.
Binding delivery dates must be agreed in writing. The delivery period is deemed observed if the goods are dispatched before the delivery period expires.
For e-books and other digital content, the risk of the download being successfully completed and the risk of loss of the digital content passes to you, as soon as we have provided you with the download link subsequent to your purchase. As a rule, digital content remains downloadable via the customer’s account, but may not be available owing to possible restrictions under licensing law or for other reasons (e.g. title is no longer stocked). The seller accepts no liability if digital content is no longer available for re-downloading or for subsequent download. We therefore request you to download and properly save any digital content immediately after making your purchase. Digital content is meant solely for personal use by the customer; making it available to third parties (e.g. via the Internet or an Intranet) is expressly prohibited.
§ 8 Setoff, retention
The ordering party only has the right to setoff if his counterclaims have been declared res judiacata or acknowledged by the seller. Furthermore, the customer is only permitted to exercise right of retention insofar as the counterclaim is based on the same contractual relationship.
§ 9 Reservation
Until all the claims existing vis-á-vis the ordering party have been satisfied in full, the delivered goods remain the property of the seller.
§ 10 Warranty
If the goods are faulty, the statutory rights pursuant to Civil Code §§ 434 ff. shall apply.
§ 11 Privacy
We will use your personal data exclusively for purposes relating to your order, for example for information on the status of your order and/or delivery and for internal customer analysis. Personal data will be treated confidentially, but may be passed on to third parties for the purpose of processing your order, e.g. in case of credit card payments.
The ordering party explicitly agrees to the collection, processing and use of the data provided in the context of the business relationship.
The ordering party has a right to receive information and a right to have his stored data corrected, blocked and deleted.
§ 12 Applicable law and place of jurisdiction
The contract shall be governed by German law, excluding CISG. The place of performance is Munich. The place of jurisdiction for all dealings with registered businesses and with bodies corporate or special funds under public law is likewise Munich.
§ 13 Severability clause
If any one or more provisions of these general terms and conditions is invalid, the general statutory regulation shall apply instead. Partial invalidity of individual provisions shall not affect the validity of the other provisions in these general terms and conditions.
Munich, 15 April 2015