Terms Deliveries

BVA Bielefelder Verlag - General Terms and Conditions for Merchandise Deliveries

General Terms and Conditions of Merchandise Deliveries

Contractual terms and conditions for purchase agreements concluded through web platforms between
BVA Bielefelder Verlag GmbH & Co. KG
Niederwall 53
33602 Bielefeld
- hereafter "Provider" -
and
customer named in Par. 2 of the agreement
- hereinafter "Customer" -

1. Scope of applicability, definitions
(1) The following General Terms and Conditions apply exclusively to the business relationship between the Provider and Customer for merchandise deliveries from the online stores of BVA Media Group.
(2) The Customer is considered a consumer to the extent that the purpose of the delivered orders cannot be claimed as a business expense in connection with work for a company or as an independent contractor. An entrepreneur is any natural or legal person, or legal partnership which performs its commercial or independent professional activities by concluding the contract.
(3) These General Terms and Conditions expressly do not apply to subscription contracts or  advertising orders.

2. Conclusion of the contract
(1) The Customer may choose from products offered by the Provider, in particular books and maps, and place them into a shopping cart by clicking the "Order" button. After clicking the "Order now..." button, a binding purchase order is created for the merchandise in the shopping cart.
(2) The Provider then sends an automatic confirmation of receipt to the Customer by e-mail, which summarizes the Customer's order and can be printed by the Customer using the "Print" function. The automatic confirmation of receipt merely documents the receipt of the Customer's order by the Provider; it is not an acceptance of the request. The contract is concluded only after the Provider submits a declaration of acceptance, which is sent in a separate e-mail (order confirmation).

3. Delivery, merchandise availability
(1) If no copies of the product chosen by the Customer are available at the time the order is placed, the Provider will inform the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider will desist from the acceptance declaration. A contract will not concluded in this case.
(2) If the product specified by the Customer in the order is only temporarily unavailable, the Provider will likewise inform the Customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In addition, the Provider is also allowed to withdraw from the contract in this case. The Provider will immediately refund any payments previously made by the Customer.

4. Retention of title
The supplied merchandise remains the property of the Provider until it is fully paid for.

5. Prices and shipping costs
(1) All prices listed on the Provider's website include the applicable sales tax.
(2) Shipping costs will be provided to the Customer in the order form and are borne by the Customer. For merchandise orders of EUR 12.50 and up the Provider will deliver to Customers in Germany free of charge.
(3) The merchandise is shipped by mail. The Provider bears the shipment risk if the Customer is a consumer.
(4) In the event of a return, the Customer is responsible for the costs of return shipment when the delivered merchandise corresponds to the ordered merchandise and the price of the returned item does not exceed EUR 40.00 or if the Customer has not yet submitted full payment or a contractually agreed partial payment for an item with a higher price.

6. Payment terms
(1) The Customer may pay by direct debit or be invoiced.
(2) The purchase price is due immediately upon contract conclusion. If a specific date is set as the payment deadline, the Customer is considered delinquent if this deadline is not observed. In this case, the Customer must pay a delinquency penalty of 5 percent over the base interest rate to the Provider .
(3) This obligation of the Customer to pay delinquency interest shall not rule out further delinquency damage claims by the Provider.

7. Warranty against defects, guarantee
(1) The Provider is liable for defects in accordance with applicable statutory regulations.
(2) Additional guarantee for the merchandise delivered by the Provider is available only when it is expressly provided for a specific item in the order confirmation.

8. Liability
(1) Customer claims for damage compensation are ruled out except for of Customer damage compensation claims for loss of life, physical injury or harm to health, or for violation of material contractual obligations (cardinal obligations), and liability for other damage as a result of intentional or grossly negligent violation of obligations by the Provider, its legal representative, or agents. material obligations are obligations, the fulfillment of which enables the due and proper execution of the contract.
(2) If material contractual obligations are violated, the Provider is liable only for foreseeable damage typical for a contract, if it is caused by simple negligence, except in the case of Customer's damage claims for loss of life, physical injury or harm to health.
(3) Limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and agents of the Provider, if claims are asserted directly against them.
(4) Provisions of the German Product Liability Act remain unaffected

9. Statement of cancellation
(1) You may withdraw from your statement of intent to enter into a contract within 14 days without providing reasons in writing (e.g. letter, fax, e-mail) or—in the case of items received prior to the expiry of this period—by returning the item. The period begins upon the receipt of this cancellation policy in writing, but not before the receipt of the merchandise by the recipient (for recurring delivery of similar merchandise, not before the receipt of the first partial delivery). The timely submission of the cancellation statement or return of the item is adequate to ensure fulfillment of the cancellation deadline. The written cancellation statement shall be submitted to:
BVA Bielefelder Verlag GmbH & Co. KG
Kundenservice [Customer Service]
Niederwall 53
33602 Bielefeld
(2) In the event of a valid cancellation, the received merchandise shall be returned and any profits drawn (e.g. interest) must be forfeited. If you are unable to return the received merchandise to us, in whole or in part, or in degraded condition, you shall be liable for compensation for lost value. This does not apply to the transfer of items, if the degradation of the item is due only to its inspection—as it would occur in a retail shop. In addition, you may avoid the obligation to compensate for lost value due to degradation as a result of conventional usage of the item by not using the item as your own property and refrain from doing anything that could affects its value. Shippable items may be sent to us at our risk. You must bear the cost of return shipment if the delivered merchandise corresponds to the ordered merchandise and if the price of the returned item does not exceed EUR 40.00 or if the Customer has not yet completed payment or a contractually agreed partial payment for an item with a higher price. Otherwise, return shipment is free of charge to you.

10. Data privacy policy 
(1) Within the scope of contract processing the Provider collects Customers' data. the Provider shall adhere to the regulations of the German Federal Data Privacy Act and the Media Act. The Provider shall only collect, process or use the Customer's profile and usage data without the Customer's permission to the extent necessary for the processing of the contractual relationship, as well as for the use of and payment for media.
(2) The Provider shall not use Customer's data without Customer's consent for advertising, marketing or public opinion research.
(3) The stored data shall be sent to the Customer on request by e-mail at any time with the General Terms and Conditions.

11. Final provisions 
(1) The law of the Federal Republic of Germany with the exclusion of the UNCISG applies to contracts between the Provider and the Customer.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of the contractual relationships between the Customer and the Provider is the Provider's location.
(3) In the event that individual provisions of this contract become legally invalid, the remaining contract is still binding. Statutory regulations, if available, will replace the invalid provisions. However, if this would present unreasonable hardship for one of the parties, the whole contract shall become invalid.