Terms

Terms of Sale

1. General, Customers, Language

(1) All offers, orders, sales contracts and deliveries made on the basis of orders of the Bookbox Die 68-er Bewegung International, Wolfgang Kraushaar“ (the “Bookbox” oder “product”) by our customers through our online shop www.die68erinternational.store (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).

Contractual partner of the customers is Sacha Hartgers.

(2) The product offerings in the Online Shop are not directed to Consumer (as defined in Sec. 13 of the German Civil Code), but directed exclusively to entrepreneurs (as defined in Sec. 14 (1) of the German Civil Code , i. e. natural or legal persons or partnerships with legal capacity acting, when entering into the transaction in the exercise of their commercial, business or professional activity), as well as legal entities and special funds organized under public law, but in each case only to end users. The Customer is required to confirm the above upon registration respectively placement of the order in the Online Shop.

(3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.

(4) Our contracts with the Customer shall be made exclusively in the German language. Therefore, exclusively the German version of these General Terms and Conditions shall be relevant. 

2. Conclusion of Contract

(1) Our offerings in the Online Shop are non-binding.

(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. 

Placing an order is done by clicking the "Kaufen" button in the ordering process.

(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the Bookbox. The sales contract with the Customer shall not become effective until our acceptance.

3. Prices and Payment

(1) Our prices include statutory VAT, but are net of shipping costs. Shipping costs are shown separately before submitting the order after entering the shipping address. Any customs duties and similar public charges shall be borne by the Customer.

(2) You can pay for the delivery of the bookbox with the means of payment displayed in the ordering process.

(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within  4 days upon receipt by the Customer of the product and the invoice.

(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding 

4. Date of Dispatch of the Product, Sell off

(1) Any period for the dispatch of the product, specified by us at the time of the order or as otherwise mutually agreed upon, shall begin (a) upon receipt by us of the full purchase price (including VAT and shipping costs) if payment in advance has been agreed or (b) upon conclusion of the sales contract if payment after delivery has been agreed upon. The date of dispatch shall be such day on which the product is handed over by us to the carrier.

(2) Any time period for the dispatch of the product specified by us shall be only approximate and may therefore be exceeded by up to seven business days, except if a fixed date of dispatch has been agreed upon. Unless a time period or date of dispatch has been specified or agreed upon, we shall be required to dispatch the product within a period of (seven) business days.

5. Type and Time of Shipment, Insurance and Passing of Risk

(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.

(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit time (i. e. the time between the delivery by us to the carrier and the delivery to the Customer) specified by us shall therefore be non-binding.

(3) The risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product by us to the carrier.

6. Retention of Title and Resale

(1) We retain legal title (Eigentumsvorbehalt) to any product supplied by us until the purchase price (including VAT and shipping costs) for that product has been fully paid.

(2) The Customer shall not be entitled to transfer title to any products delivered by us under retention of title (“Retained Goods“) to a third party, except with our prior written consent. The Customer may, however, dispose of its legal position in relation to the Retained Goods (so called expectant right), provided that the third party is made aware of our title rights.

(3) The Customer shall treat the Retained Goods with due care.

(4) In the event that any third party, in particular in connection with any enforcement, seeks to take control of the Retained Goods, the Customer shall make aware the third party of our title right and shall without undue delay notify us in order to enable us to enforce our rights.

(4) In case of a payment default by the Customer, we may require the Customer to surrender the Retained Goods to us, as soon as we have terminated the contract.

7. Warranty

(1) In the event of a defect of the delivered Bookbox, we will supply after customers notice of defect another Bookbox (as ordered) which is free from defects.

(2) If remediation pursuant to subsection 1 fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.

(3) The warranty period shall be one year upon delivery of the Product.

(4) The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of three business days upon delivery or (ii) otherwise within three business days as from the day when the defect has been identified.

8. Liability

(1) Our liability for late delivery shall, except in cases of wilful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), be limited to the aggregate purchase price (including VAT).

(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

(3) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.

9. Data Protection

We may save and process any data relating to the relevant orders only to the extent permitted under applicable law. Details are set out in the privacy policy available on our website.

10. Applicable Law and Competent Courts

(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.

(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Hamburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.

11. Miscellaneous

Should individual provisions of these General Terms and Conditions of Business be or become invalid or contain loopholes, this shall not affect the remaining provisions. The relevant statutory provisions shall apply in place of the invalid provisions.