Business Terms and Conditions
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (LOGO Buchversand GmbH) via the www.logo-buch.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to anoverwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers toevery natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products.
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the onlineshopping cart system under the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons onthe navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you are finally shown the order data again as an order overview.
If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments, instant transfer) as your payment method, you willeither be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of theprovider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as anorder overview.
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser)any information on the order summary page, or to cancel the purchase.
By clicking the "Place order in conjunction with a liability to pay” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in apartially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one,and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked bya SPAM filter.
§ 3 Contract duration / Cancellation in case of subscription contracts
(1) The subscription contract that has been concluded between you and us is subject to the agreed-upon duration. If the contract is not cancelled by one of the parties in text form (e.g. via e-mail) 3 weeks before the expiration of the contract (insofar as the respective offer isnot associated with another time frame), it gets extended by the agreed-upon base duration. However, if the base duration is more than ayear, the contract only gets extended by a period of one year.
(2) This has no bearing on the right to cancel the contract without notice for an important reason.
§ 4 Individually-designed products
(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be bornein mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights,rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may beraised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as is specified in the quote, we will send you a revised submission which must be checked by you without delay. If you approve ofthe design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention.
We assume no liability for unqueried errors.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.(3)If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the on going business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to themagnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, youare authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, wereserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title andthe other processed items at the time of processing.d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as itis delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, itshall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things thatrepresent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed,you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failedsecond attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. Incase of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment,as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or grossnegligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 7 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteedby the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place ofbusiness is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist withus. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, aswell as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings.This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 8 Protection of minors
(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships withcustomers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards yourname and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept thedelivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service providercommissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and incase of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribedminimum age, the legal age must be reached.
II. Customer information
1. Identity of the seller
LOGO Buchversand GmbH
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
We are willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed inaccordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent,via the online - shopping cart system the contract datacan be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotationrequests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Codes of conduct
4.1 We are voluntarily subject to the Trusted Shops GmbH code of ethics, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
4.2 We are voluntarily subject to the code of ethics of the portal ServiceQualität Deutschland which can be viewed at: https://www.logo-buch.de/servicequalitaet-deutschland.
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button onour website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne byyou, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes ormoney transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but thepayment is initiated outside of the European Union.
6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in therespective quote.
6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concludedbecome payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button onour website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded duringshipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. Thiscondition does not apply if you have independently commissioned a transport company that has not been specified by us or a person whohas otherwise been appointed to execute the shipping operation.If you are a businessman, the delivery and shipping operations take place at your own risk.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
9. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination ofsubscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantlychecked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warningsare issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020