General Terms of Business (AGB)
§1 Scope of applicability
(1) These General Terms and Conditions apply to all business relationships between Bertelsmann Stiftung and its customers in the version current at the time the contract is entered into.
(2) Our General Terms and Conditions apply exclusively. Conflicting or divergent terms and conditions of our clients will not be recognized unless Bertelsmann Stiftung has given its express written consent to them in the individual instance.
§2 Contract concluded
(1) Goods are sold only in quantities typical for noncommercial use. The assortment presented by Bertelsmann Stiftung as accessed by computer over the Internet does not represent an offer within the meaning of Sec. 145 et seq. BGB [German Civil Code].
(2) When the customer sends an order via email to Bertelsmann Stiftung, the customer makes an offer within the meaning of Sec. 145 BGB. The customer receives confirmation of receipt of the order via email. Bertelsmann Stiftung will provide separate notice to the customer of any erroneous information about the assortment on the Website and will present an appropriate counter-offer to the customer.
(3) The contract with Bertelsmann Stiftung is concluded when Bertelsmann Stiftung accepts this offer. Acceptance is made subject to the availability of the goods or services ordered. Declaration of acceptance by Bertelsmann Stiftung to the customer is not required; the customer waives the same within the meaning of Sec. 151, p. 1 BGB. If Bertelsmann Stiftung cannot accept the customer’s offer, the customer will be informed of this electronically.
(4) Bertelsmann Stiftung reserves the right to require payment prior to delivery.
§3 Delivery, Shipping
(1) Bertelsmann Stiftung will promptly ship the ordered goods to the address specified by the customer in the order. Bertelsmann Stiftung is authorized to make partial deliveries. Delivery is made at the shipping costs stated in the specific instance.
(2) Your order will be sent on invoice, which we will include with the delivery. If your order includes items for payment, shipping costs will be invoiced. Shipping costs are not invoiced for orders of free products.
(3) For orders outside Europe we normally ship using airmail, which costs about €22 per kilogram, including partial kilograms. If you want us to use a different method of shipment, please indicate that method when you place your order.
(4) Statements about estimated delivery times are not binding if Bertelsmann Stiftung has not given the customer a binding written assurance in the individual instance.
§4 Retention of title
Bertelsmann Stiftung retains title to the delivered goods until all existing claims against the customer have been settled in full.
§5 Due date and payment
(1) Bertelsmann Stiftung accepts only the method of payment indicated by the customer when the specific order is placed.
(2) The purchase price and any fees or shipping costs incurred are due and payable when the contract is concluded.
(3) If the customer is in default, Bertelsmann Stiftung is entitled to demand interest at the rate of 5% above the respective base rate. This does not affect Bertelsmann Stiftung’s right to assert greater damages.
(4) The customer is entitled to offset only if and to the extent the customer’s counterclaims have become nonappealable, are undisputed, or have been acknowledged by Bertelsmann Stiftung.
(1) Within 30 days of receipt of the goods and without stating any reason, the customer is entitled to cancel his declaration of intent as directed toward concluding the contract either in text form (e.g., by letter or email) or by returning the goods to Bertelsmann Stiftung. This term begins no earlier than upon receipt of this instruction but not prior to receipt of the goods. The deadline for cancellation can be met by sending the cancellation or mailing the goods in a timely manner. Cancellation in text form should be addressed to Bertelsmann Stiftung, -Verlag-, Carl Bertelsmann Straße 256, D-33311 Gütersloh; or by email to email@example.com The return address for goods can be found on the bill of delivery. The customer bears the burden of proof that the goods to be returned have been mailed.
(2) In the event of an effective cancellation, the customer agrees to return the goods received. If the customer cannot return the goods received in whole or in part, or only in deteriorated condition, the customer must compensate Bertelsmann Stiftung for the reduction in value in the event of the customer’s cancellation. If the customer has already paid the purchase price, Bertelsmann Stiftung is entitled to deduct the reduction in value from the amount of the refund. In some cases the reduction in value can correspond to the purchase price paid.
(3) The customer bears the costs of returning goods up to an order value of €40.00 unless the goods delivered or services supplied do not correspond to those ordered.
(4) In return Bertelsmann Stiftung will refund to the customer any purchase price already paid in the event of an effective cancellation. Any return costs paid by Bertelsmann Stiftung pursuant to subsection 2 (1) will be deducted. Wire transfer fees will also be deducted in the case of foreign payments. Bertelsmann Stiftung will exercise its right of retention until the goods have been returned in full.
(5) Right of cancellation is excluded in the case of contracts
b) for the delivery of newspapers, journals and magazines;
c) for the delivery of audio or video recordings or software if the seal on the delivered media has been broken by the customer;
d) for the delivery of goods prepared according to the customer’s specifications (e.g., personalized books);
e) for the delivery of imported items that are labeled as such in the detail view.
For the rest § 312 (d) (4) BGB applies.
(6) If cancellation and return pursuant to § 312 (d) (4) BGB and § 7 (5) of our General Terms and Conditions are excluded, the customer bears the costs of resending the goods to him in the case of return of goods.
§7 Liability for defects
(1) Bertelsmann Stiftung is liable for defects existing in the goods at the time they are transferred for a warranty period of 24 months, pursuant to the following rules.
(2) The customer gives Bertelsmann Stiftung prompt written notice of any defect that becomes apparent. If there is a defect for which Bertelsmann Stiftung is responsible, Bertelsmann Stiftung will remedy the same by repair or replacement, at the customer’s choice.
(3) If the repair or replacement fails, if Bertelsmann Stiftung is not prepared or not able to repair or replace the goods or is delayed for unacceptable periods of time for reasons for which Bertelsmann Stiftung is responsible, the customer is entitled to cancel the contract or demand reduction in the purchase price, notwithstanding any damage claims.
(1) Place of business:
- Verlag -
Carl Bertelsmann Straße 256
Fax: + 49 5241 / 81 – 81 931
(2) Customer service:
VVA – arvato media GmbH
An der Autobahn
(3) The return address for books, music, and films can be found on the delivery bill.
§9 Data protection
(1) Collection, processing and use of personal data
Bertelsmann Stiftung agrees to protect the privacy of all persons who make purchases in shops operated by Bertelsmann Stiftung and to handle their personal data confidentially. This is founded on applicable statutory provisions, such as the German Federal Data Protection Act (BDSG) and telecommunications laws. Data obtained from customers is collected, processed, and used primarily to execute the contract; details can be found in data protection information. If and to the extent that Bertelsmann Stiftung uses the data for advertising, marketing or market research purposes, Bertelsmann Stiftung customers have the right to object to such use at any time.
(1) Bertelsmann Stiftung bears unlimited liability for damages caused intentionally or through gross negligence, for fraudulent concealment of defects, where a warranty of quality has been assumed, for claims based on the product liability act, and for bodily injury.
(2) For other damages, Bertelsmann Stiftung is liable only if a duty has been breached, compliance with which is particularly significant for realizing the purpose of the contract (cardinal duty) and if the damages are typical and predictable based on the contractual use of the goods.
(3) In such an event, liability is limited to an amount that is double the purchase price paid under the contract.
(4) Any more extensive liability for damage not incurred by the goods themselves, for lost profit or other financial losses suffered by the customer is excluded.
§11 Final clauses
(1) This contract is subject exclusively to the substantive law of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Moveable Goods.
(2) If the customer is a merchant, the exclusive court of venue for all claims in connections with the business relationship is Gütersloh.
These English-language General Terms and Conditions are a translation of the original German terms, which are solely binding.
+49 5241 81-81175