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Terms of business and delivery

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Translation of Terms of Business and Delivery,   Status:  01. 10. 2004
(Allgemeine Geschäftsbedingungen)
  This English version is provided for the convenience of the customer only. The original german version is always to be regarded as the valid terms and conditions. Under no circumstances do these translated conditions obtain any validity. We disclaim any responsibility for errors in translation and any missapprehension that may result from them.
  -> Right of Withdrawal
-> Protection of Data Privacy
§ 1 Scope
1. These terms and conditions (german version) apply to all contracts closed with BEO-BOOKS Bücher aus Serbien, Katarina Belovukovic concerning delivery of goods or supply of services.
2. Applicable are always exclusively those (german) terms and conditions, as published on the BEO-BOOKS web pages at the time of order entry. By placing an order the customer commits to the terms and conditions.
Diverging terms and conditions of the customer do not apply. Diversions of or supplements to these terms and conditions apply only in individual cases and only if approved by BEO-BOOKS in written form.
§ 2 Conclusion of the contract
1. The statements concerning goods and prices on the web pages of BEO-BOOKS do not constitute a binding offer of a contract. When placing the order the customer submits a binding offer. The receipt of the order will be confirmed immediately per email.
This confirmation does not constitute a legally binding conclusion of the contract. The conclusion is not accomplished until the customer is informed about the arrival or the availability of the ordered goods.
2. BEO-BOOKS reserves for itself the right to withdraw from the contract, if the respective supplier does not meet his obligations of delivery. In this case, the customer will be informed immediately and all payments, that possibly have been made in advance, will be returned.
§ 3 Right of Withdrawal
1. Consumers have the right, to revoke the contract without giving reasons within 2 weeks after receipt of the goods. The revokation can take place in form of written declaration (per email or letter) or by returning the goods. To comply with the time limit it suffices to dispatch before the end of the term. Revocation in written form does not discharge from the immediate return of goods.
2. For the return of the goods the original packing is to be used. BEO-BOOKS has the right to charge to the customers account a depriciation in value in case of improper return shipment.
3. In case of a value of goods up to 40,00, the customer bears the cost of the return. In case of a higher value of goods these costs are accepted by BEO-BOOKS - this applies also if the delivered goods don't comply with the order.
4. For examination of the goods, the books and papers my be browsed. In case of further use or damage of the goods, BEO-BOOKS has the right to charge to the customers account a depriciation in value.
5. The return of the puchase price in consideration of possible depriciation or as the case may be cost of returning takes place promptly after inspection of the returned goods.
6. Revocation or the return of goods are to be sent to:
  BEO­BOOKS ­ Bücher aus Serbien
    Katarina Belovukovic
    Luitpoldstr. 45
10781 Berlin
§ 4 Terms of Delivery and Payment
1. The delivery time for books from Serbia normaly is normally between 2 to 6 weeks. This statement is without obligation. Should the delivery time defer beyond this timespan, the customer will be informed promptly.
2. The prices stated on BEO-BOOKS web pages are noncommittal. Added value tax is included and is separately declared in the invoice. BEO-BOOKS reserves to itself, to adapt the prices, if the purchase prices of the respective supplier change.
In case of an increase of prices during the processing of an order, the customer will immediately be informed about this. It then is the customer own decision to cancel the order or to confirm it with the changed price.
3. The customer bears the cost of delivery. Delivery is generally performed worldwide. The shipment charge for delivery within Germany and in countries of the European Union is specified on the BEO-BOOKS order page. For delivery outside the EU the cost has to be determined for each single case depending on weight and destination.
In case of delivery outside Germany the customer also bears possible additional cost for customs or taxes.
4. Delivery takes place after advanced payment. The customer will receive the invoice together with the confirmation, that the goods are disposable.
The payment becomes due with the receipt of the invoice. The amount invoiced is to be transferred strictly net within 10 days to the account named in the invoice. Payment from foreign countries has to be free of costs.
5. In case of delayed payment, we are authorised to charge to the customers account a moratory interest amounting to 5% above the effective interest rate of the European Central Bank. The right of BEO-BOOKS to assert damages beyond that is unaffected therof.
The delivered goods remain our property until full payment. For corporate clients this condition applies until fullfillment of all open claims BEO-BOOKS has against the customer.
Customers can only use counterclaims for setoffs that are legally established, undisputed, or have been acknowledged by BEO-BOOKS.
6. Delivery will take place immediately after receipt of payment. The risk of delivery passes to the customer with the handover of the goods to the person or company charged with the transport.
§ 5 Warranty
1. BEO-BOOKS will vouch for defects of delivered goods that are present at the time of delivery. This does not apply for damages in transit for which the carrier is responsible.
2. In case of defects of goods delivered by BEO-BOOKS, the customer must immediately give notice of this in written form. If BEO-BOOKS has to account for the defect, BEO-BOOKS will rectify either by remedy of the defect or by replacement.
3. In case BEO-BOOKS is not able to rectify in a reasonable period of time for reasons that BEO-BOOKS has to account for, the customer has the right to cancel the purchase or to claim an abatement of the purchase price.
4. Claims against BEO-BOOKS on account of defects prescribe in a term of 2 years from the time of delivery.
§ 6 Liability
1. BEO-BOOKS shall be liable for violation of essential duties concerning the contract. In case of negligent violation the liability is limited to the typical predictable loss.
Further claims from the customer are excluded. This applies particularly for damage that did not occur to the delivered goods as well as financial loss of the customer.
2. The liability limitations stated above do not apply in the following cases: (1) in case of intention or gross negligence;
(2) in cases of loss of life, bodiliy injury, or injury to health;
(3) in case of manufacturer's liability;
(4) in other cases where liability applies according to law.
3. Claims against BEO-BOOKS on compensation for damages prescribe within the statutory period.
§ 7 Protection of Data Privacy
1. BEO-BOOKS records customers personal data where required for processing of the orders. Needed for this purpose are only the customers name, e-mail, and delivery address. These data will exclusively be used for processing of the orders.
The data will be recorded together with the related data concerning the order, delivery, and accounting as long as it is neccessary because of obligations to report.
By placing an order the customer explicitly consents to the recording of these data under the given terms.
2. All information from the customer that exeeds the data mentioned in 1. is given voluntarily. The input forms placed on these web pages include explicit notes, which of the entered data will be recorded. These notes also inform about the particular purpose for which the data will exclusively be used.
By filling in and sending the forms the customer explicitly consents to the recording of these data.
All data that are not needed for processing of the orders will be immediately deleted at the request of the customer.
3. All personal data are stored in a way that they are protected from the acces by any third parties. Propagation of the data to other persons is excluded, unless we are bound by law to provide the information.
§ 8 Final Provisions
1. The exclusive legal venue is Berlin (Germany).
2. Applicable is the material law of the Federal Republic of Germany expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), even though if ordered from or delivered to other countries.
3. For books from german publishers the customer has to observe the german price fixing laws in case of eventual reselling.
4. Should particular conditions of the contract between BEO-BOOKS and the customer including these terms and conditions all or part become invalid, instead of these the corresponding lawful regulations become effective. The validity of the remaining conditions is not affected thereof.
Bücher aus Serbien, Katarina Belovukovic
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