General Terms and Conditions

Table of Contents

1. Scope

2. Conclusion of the Contract

3. Right of Cancellation

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Statutory Warranty)

8. Alternative Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with us with respect to the goods presented in our online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is any natural or legal person or partnership with legal capacity that, when concluding a legal transaction, acts in exercise of its trade or independent professional activity.

2. Conclusion of the Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into our online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to us by e-mail or by post. We confirm receipt of the order immediately by means of an automatically generated e-mail (acknowledgement of receipt). This does not yet constitute acceptance of the offer.

2.3 We may accept the Customer's offer within one week,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case receipt of the order confirmation by the Customer is decisive, or

• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive.

The order confirmation e-mail sent by the system does not constitute an order confirmation. If several of the aforementioned alternatives occur, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends with the expiry of the one-week period following the dispatch of the offer. If we do not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When an offer is submitted via our online order form, the text of the contract is stored by us and sent to the Customer together with the present GTC in text form (e.g. e-mail, fax or letter) after the Customer has submitted their order. The GTC can also be viewed at any time at www.schwerkraft-verlag.de/j/shop/terms. For security reasons, the order data are no longer accessible via the internet.

2.5 Before submitting a binding order via our online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, which enlarges the display on the screen. Within the electronic ordering process, the Customer can correct their input using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 The contract is concluded exclusively in the German language.

2.7 Order processing and contact generally take place by e-mail and by means of automated order processing. The Customer shall ensure that the e-mail address provided by them for order processing is accurate, so that the e-mails sent by us can be received at this address. In particular, when using spam filters, the Customer shall ensure that all e-mails sent by us or by third parties commissioned by us with the order processing can be delivered.

2.8 The Customer's e-mail address is also used to enable shipment tracking and shipment changes via our shipping partner.

3. Right of Cancellation

3.1 Consumers are in principle entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in our cancellation policy.

3.3 The right of cancellation does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address, at the time of conclusion of the contract, are outside the European Union.

4. Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import levies or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery does not take place to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment options are communicated to the Customer in our online shop.

4.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract, but at the latest within 5 days, unless the parties have agreed on a later due date. The time of receipt of payment is decisive.

4.5 If the Customer pays more than the indicated total price, we will refund the excess amount to the Customer, less transfer costs of EUR 2.50.

5. Delivery and Shipping Terms

5.1 The goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. We do not deliver to DHL Packstations or branches of Deutsche Post. In the case of an order placed via our online order form, the delivery address specified in the online order form is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive. In addition to the Customer's postal address, the Customer's e-mail address is also passed on to the delivery service commissioned by us so that it can carry out shipment tracking or changes to the delivery.

5.2 If the commissioned transport company returns the shipped goods to us because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless we had announced the service to the Customer a reasonable time in advance.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes in principle only upon handover of the goods to the Customer or to a person authorised to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and we have not named this person or institution to the Customer beforehand.

5.4 In the case of self-collection, we first inform the Customer by e-mail that the goods ordered by them are ready for collection. After receipt of this e-mail, the Customer can collect the goods at the registered office of our business after prior arrangement with us.

6. Retention of Title

6.1 In relation to consumers, we retain title to the delivered goods until full payment of the purchase price owed.

6.2 In relation to entrepreneurs, we retain title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.

6.3 If the Customer acts as an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to us in advance all claims arising against third parties from such resale, in the amount of the respective invoice value (including value-added tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. Our authority to collect the claims ourselves remains unaffected. However, we will not collect the claims as long as the Customer meets their payment obligations towards us, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

7. Liability for Defects (Statutory Warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

7.2 The Customer is requested to complain to the deliverer about delivered goods showing obvious transport damage and to inform us thereof. If the Customer does not comply with this, this has no effect whatsoever on their statutory or contractual claims for defects.

8. Alternative Dispute Resolution

8.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

8.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Cancellation Policy

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you, or a third party named by you, other than the carrier, have taken possession of the last goods. In order to exercise your right of cancellation, you must inform us

Mr Carsten Reuter
Im Heetwinkel 43
46514 Schermbeck
Phone number: +49-02853-4969693
E-mail address: shop@schwerkraft-verlag.de

by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to cancel this contract. You may use the model cancellation form provided for this purpose, which is, however, not required. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period expires.

Consequences of Cancellation

If you cancel this contract, we shall reimburse you for all payments that we have received from you, including delivery costs (with the exception of any additional costs resulting from the fact that you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has reached us. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may refuse to make the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case at the latest within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that was not necessary for examining their nature, properties and functionality.

End of the Cancellation Policy