§ 1 General
1. The customer can select goods during the ordering process.
2. If, during the ordering process, the customer decides to have the selected standard item shipped to a delivery address specified by the customer (hereinafter referred to as “shipping option for standard items”), a contract is concluded with Bernd Liske, Libellenweg 2, 39291 Möser (hereinafter referred to as “Seller”).
3. These General Terms and Conditions apply exclusively to all contracts between the Seller and the customer (i.e., for the shipping option for standard items and for products available for download). The Seller does not recognize any deviating terms and conditions of the customer unless the Seller has agreed to their validity.
§ 2 Conclusion of contract
1. The contract with the customer is concluded:
a) in the case of standard items shipped by mail, when the customer sends the order entered in the online shop to the seller as an offer to conclude a purchase contract by selecting the “Buy” button, and the seller then accepts the customer's offer by delivering the goods within a reasonable period of time.
b) in the case of products that are delivered via data download, when the customer sends an offer to conclude a contract to the seller as described in the case of shipping, and the seller then accepts this offer from the customer by making the software, eBook, or audio file available for download in the customer's account area.
2. The seller reserves the right not to accept the respective offer, in particular in the event that the online shop contains typing, printing, or calculation errors that have become the basis of the customer's offer.
3. The language available for the conclusion of the contract is German. The contract text (Terms and Conditions with the customer's individual order data) is not stored by the seller after the conclusion of the contract and is therefore not accessible to the customer.
§ 3 Delivery of the goods / provision for download
1. The goods are delivered to the delivery address specified by the customer. Any shipping costs incurred will be displayed to the customer in the online shop before the order is completed. For deliveries abroad, the customer shall bear any additional taxes and customs duties that may be incurred.
2. Software, eBooks, and audio files are available for download in the customer's account area after the right of use has been purchased.
3. The option to re-download eBooks and audio files is a voluntary service provided by the seller, which the seller may terminate at any time. The seller therefore reserves the right to temporarily or permanently change, interrupt, or discontinue the option to re-download eBooks and audio files at any time and to delete individual eBooks and audio files from the customer's account. This applies in particular if there is an important reason for removing the eBook or audio file from the customer account, especially in the event of disputes about possible legal violations by the content of the eBook or audio file. For clarification: The option of deletion does not apply to eBooks and audio files that are already stored in the customer's own storage location, e.g., their PC, laptop, etc., after the customer has downloaded them. The customer's warranty claims pursuant to § 8 remain unaffected by this provision.
4. The option to use the cloud (i.e., to store, use, manage, and delete eBooks and certain other data in a data storage area assigned to the customer via the Internet) also constitutes a voluntary service provided by the seller, which the seller may terminate at any time. The seller therefore reserves the right to change, interrupt, or discontinue this option at any time—temporarily or permanently, in whole or only for certain customers, end devices, data, or functionalities. This applies in particular in the event of a violation of the provisions set out below regarding the proper use of the cloud by the customer, conflicting rights of third parties, or system maintenance. The seller also reserves the right not to offer the option of use for certain end devices or data from the outset, in particular for technical reasons.
The seller may use files, information, or other data (e.g., customer-specific data) stored by the customer to the extent necessary for the establishment, implementation, or termination of the customer's use of the cloud, which includes, in particular, the creation of corresponding copies and their use for backup purposes.
When using the cloud, the customer must observe all relevant industrial property rights and copyrights. The customer may not misuse the cloud or allow it to be misused, in particular by obtaining, transmitting, and/or distributing data with illegal or immoral content or referring to such data. With regard to the cloud, the customer must refrain from attempting to access information or data without authorization, either themselves or through unauthorized third parties, or from interfering or allowing interference with programs operated by the seller, its service providers, or subcontractors, or from intruding into data networks operated by the seller, its service providers, or subcontractors. The customer may not misuse any exchange of electronic messages for the unsolicited sending of messages or information to third parties (spamming).
§ 4 Prices, terms of payment, retention of title, and payment processing
1. All prices stated in the online shop include the statutory value added tax.
2. The customer may choose between the payment methods offered during the ordering process.
3. Standard items delivered to the customer as part of the shipping option remain the property of the seller until they have been paid for in full. In the case of a data download, the right of use is granted subject to the full payment of all claims against the customer arising from the order.
§ 5 Conditions of use for eBooks and audio files
1. The seller does not transfer ownership of eBooks and audio files to the customer. The customer acquires a simple, non-transferable right to use the offered title for personal use, which is revocable until full payment of the agreed remuneration.
2. The content of eBooks and audio files may not be changed by the customer in terms of content or editing, subject to any mandatory legal provisions to the contrary.
3. The customer may only copy eBooks and audio files for their own personal use or have them copied by a third party for this purpose, provided that the third party makes the copy free of charge. The transfer of eBooks and audio files to third parties (including friends, relatives, acquaintances, etc.) is only permitted temporarily for the purpose of making such a copy; otherwise, passing them on is not permitted, nor is making them publicly available or forwarding them, posting them on the Internet or other network media, whether for a fee or free of charge, reselling them, and/or any other type of use for commercial purposes.
§ 6 Right of withdrawal for standard items
In the case of contracts for the delivery of standard items, the customer has the following right of withdrawal vis-à-vis the seller:
--- Cancellation policy ---
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day
- on which you or a third party named by you, who is not the carrier, took possession of the goods, if you ordered one or more goods as part of a single order and the goods are delivered as a single shipment; or
- on which you or a third party designated by you, who is not the carrier, took possession of the last goods, if you ordered several goods as part of a single order and the goods are delivered separately; or
- on the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item, if you ordered goods that are delivered in several partial shipments or items.
To exercise your right of withdrawal, you must inform Bernd Liske, Libellenweg 2, 39291 Möser, Germany, or email: bernd.liske@liske.de, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), must be refunded immediately and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. The same means of payment used for the original transaction will be used for this refund, unless expressly agreed otherwise; in no event will you be charged for this refund.
The refund may be refused until the goods have been returned.
The goods must be returned immediately and in any case no later than fourteen days from the date on which the contract was revoked. The deadline is met if the goods are shipped before the expiry of the fourteen-day period. The seller shall bear the costs of the return shipment.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill in the following details and send it back.)
- To Bernd Liske, Libellenweg 2, 39291 Möser, Germany, or email: bernd.liske@liske.de
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only for paper notifications)
- Date
(*) Delete as applicable.
§ 7 Right of withdrawal for data downloads
In the case of contracts for the delivery of data downloads (digital content not stored on a physical data carrier), the customer has the following right of withdrawal vis-à-vis the seller:
--- Cancellation policy ---
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform Bernd Liske, Libellenweg 2, 39291 Möser, Germany, or email: bernd.liske@liske.de, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
(If you wish to withdraw from the contract, please fill in the following details and return it to us.)
- To Bernd Liske, Libellenweg 2, 39291 Möser, Germany, or email: bernd.liske@liske.de
- I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only for paper notifications)
- Date
(*) Delete as applicable.
§ 8 Warranty and liability of the seller
1. Subject to the following paragraphs 2 to 4, the customer is entitled to the statutory warranty claims.
2. Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller/bookstore, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
3. In the event of a breach of essential contractual obligations, the seller shall only be liable for foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb, or health.
4. The restrictions in paragraphs 2 and 3 also apply in favor of the Seller's legal representatives and vicarious agents if claims are asserted directly against them.
5. The provisions of the Product Liability Act remain unaffected, as do any claims arising from a guarantee assumed by the seller for the quality of the item or for the item retaining a certain quality for a certain period of time.
§ 9 Data protection
1. The customer authorizes the seller to process, store, evaluate, and use the customer's data obtained in connection with the business relationship in accordance with data protection laws.
2. The customer has a right to information and a right to correction, blocking, and deletion of their stored data.
3. The customer can find detailed information about the type and scope of personal data storage under the heading “Data Protection.”
4. The seller uses the customer's email address to send them newsletters from the seller—if the customer has subscribed to them—and for information letters containing current information about the seller's shop offers, services, special offers, and promotions. If the customer no longer wishes to receive the newsletters or these information letters, they can unsubscribe at any time free of charge via a link integrated in the corresponding email or by sending an email to bernd.liske@liske.de.
§ 10 Miscellaneous
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the country in which the customer has their habitual residence. Neither the seller nor the bookstore are obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.