TERMS AND CONDITIONS
§1 Area of Application
1) These Terms and Conditions apply to all business relationships between Verlag Bertelsmann Stiftung (hereafter “the Bertelsmann Stiftung”) and the customer in their current form at the point in time when the contract is concluded.
(2) Our Terms and Conditions apply exclusively. Contradictory conditions or conditions made by the customer that differ from these Terms and Conditions are not recognized as valid, unless the Bertelsmann Stiftung has expressly agreed to them in writing as an exception.
§2 Conclusion of the Contract
(1) Goods will only be sold in small quantities (for normal household use). The Bertelsmann Stiftung’s representation of its range of products, on computers accessible through the Internet, is not an offering in accordance with §§ 145 ff BGB (German Civil Code).
(2) When you submit an order at www.bertelsmann-stiftung.de/verlag or by sending an e-mail to the Bertelsmann Stiftung, you are making an offer in accordance with § 145 BGB. We will then send you an e-mail that confirms the receipt of your order and its details (order confirmation). The Bertelsmann Stiftung will, if appropriate, inform you separately about any potential errors in the information on its website about its range of products and will make you and suitable counter offer.
(3) The contract with the Bertelsmann Stiftung is concluded when the Bertelsmann Stiftung accepts this offer. Acceptance takes place on the condition of the availability of the ordered goods or service. A declaration of acceptance on the part of the Bertelsmann Stiftung vis-à-vis the customer is not required; the customer relinquishes any claim to such an acceptance in accordance with § 151 S. 1 BGB. If the Bertelsmann Stiftung is not able to accept the customer’s order, this will be communicated to the customer in electronic form.
(4) The Bertelsmann Stiftung reserves the right to delivery after advance payment.
§3 Delivery, Prices, Shipping Costs
(1) The Bertelsmann Stiftung will immediately deliver the ordered goods to the customer at the address provided in the order. The Bertelsmann Stiftung reserves the right to partial deliveries. Shipping costs for the delivery will be stated on a case-by-case basis.
(2) The stated prices are final and in euros. They include statutory value added tax. Listed prices serve exclusively as non-binding information for the customer.
(3) Your order will be sent on account and an invoice included with the delivered goods. The amount of the invoice is due upon receipt of the invoice and payment is due in full without any deductions. If your delivery includes articles purchased for a fee then shipping costs will be due. Lump-sum shipping costs of €3.00 will be charged for for deliveries of books within Germany.
Deliveries outside of Germany:
Austria, Switzerland, Benelux, UK: €6.00 per order
Other Europe: €10.00
Rest of the world: approx. €20.00
There are no shipping costs for products ordered that are available free of charge. As a rule we dispatch our articles to destinations outside of Europe by airmail. The costs for such deliveries are usually approximately €20 per kilogram (or partial-kilogram). If you would like your order to be shipped in a different manner, we ask that you provide that information separately when placing your order.
(4) Information about the estimated delivery time is non-binding unless the Bertelsmann Stiftung has specifically provided the customer in writing with a binding delivery date.
Delivery time within Germany: 2–3 days
Delivery time to Austria / Switzerland: 4–7 days
Delivery time to other countries: 2–4 weeks
§4 Reservation of Title
The delivered goods remain the property of the Bertelsmann Stiftung until all existing claims against the customer have been completely settled.
§5 Method of Payment and Due Date
(1) The Bertelsmann Stiftung only accepts those methods of payment displayed to the customer doing the ordering process. An invoice will be sent, after which payment is due. Payment with a credit card is not possible.
(2) The invoiced amount and any processing fees and/or shipping charges are due upon receipt of the invoice and must be paid in full (without any deductions).
(3) Once the due date has passed, the payment will automatically be considered late. In the case of late payment, the Bertelsmann Stiftung is entitled to charge interest for late payment in accordance with statutory regulations (§ 288 BGB). This does not affect the Bertelsmann Stiftung’s right to compensation for additional damages.
(4) The customer is only entitled to compensation to the extent that his counterclaims have been legally recognized, are unchallenged or are recognized by the Bertelsmann Stiftung.
(1) The customer is entitled to withdraw his/her declaration of intention concerning the conclusion of the contract without stating any reason within 14 days of receiving the goods. Withdrawal is possible in writing or by telephone (e.g. letter, fax, e-mail, telephone) or by returning the goods to the Bertelsmann Stiftung. The customer may also withdraw his/her order by using the enclosed withdrawal form; however, this is not mandatory. The period begins at the earliest upon receipt of this notification, but not before receipt of the goods. For compliance with the withdrawal deadline, it is sufficient to communicate the withdrawal in due time or to return the goods. Written withdrawal should be sent to: Verlag Bertelsmann Stiftung, Carl-Bertelsmann-Straße 256, 33311 Gütersloh, Germany, Tel. +49 5241 / 81 81 175, Fax: +49 5241 / 81 681 175, e-mail: email@example.com. The address to which the returned goods should be sent can be found on the bill of delivery. The customer is obligated to supply proof that the returned goods have been sent.
(2) If the order has been successfully withdrawan, the customer is obligated to return the received goods. If the customer cannot return the received goods, or can only do so in part, or can only return them in a worse condition than when they were received, the customer must then compensate the Bertelsmann Stiftung for the corresponding reduction in the value of the goods if his/her order has been withdrawn. If the customer has already paid the purchase price, then the Bertelsmann Stiftung is entitled to deduct an amount equal to the reduction in value from the amount to be refunded. In some cases, the amount of the reduction in value can equal the paid purchase price.
(3) The costs of returning the goods must be paid by the customer, unless the delivered good or services are not those that were ordered.
(4) Conversely, in the case of a successful withdrawal, the Bertelsmann Stiftung will reimburse the customer for the purchase price in the case that it has already been paid. Any funds paid by the Bertelsmann Stiftung to cover the cost of returning the goods in accordance with the first main clause of para. 2 will be deducted. For payments abroad, any bank transfer fees will also be deducted. The Bertelsmann Stiftung asserts its right of retention until the goods have been returned in full.
(5) The right of withdrawal does not exist in the case of contracts
b) for the delivery of newspapers, periodicals and magazines;
c) for the delivery of audio or video recordings or software, if the delivered storage devices have been unsealed by the customer;
d) for the delivery of goods that have been specially produced to the customer’s specification (e.g. personalized books);
e) for the delivery of imported articles that have been labeled as such in the detailed product description.
In all other respects, § 312 d para. 4 BGB applies.
(6) Note: The right of withdrawal expires prematurely in the case of contracts for delivery of digital contents not contained on a physical storage device (e.g. electronic books, audio book downloads) if the customer has expressly agreed that the execution of the contract begins before termination of the period of the right to withdrawal and the customer has confirmed his understanding that through his agreement he loses his right to withdrawal with the commencement of the contract.
(7) In the event that no right to withdrawal or return of goods exists in accordance with § 312 d para. 4 BGB and in accordance with § 7 para. 5 of our Terms and Conditions, the customer is obligated to cover the costs of again sending the goods to him if they have been returned to us.
(1) Objections and complaints should be sent to the address listed below.
(2) Defective goods can be exchanged within the statutory time period for articles free of defects, depending on availability. The customer is thereby obligated to return the goods to us, at our expense, immediately upon ascertaining that a defect exists.
§8 Liability for Defects
(1) The Bertelsmann Stiftung wil provide compensation for defects present when the goods are exchanged during a warranty period of 24 months according to the following stipulations.
(2) The customer must inform the Bertelsmann Stiftung immediately in writing of any existing defects. If a defect exists for which the Bertelsmann Stiftung is responsible, the Bertelsmann Stiftung will compensate for it either by repairing the article in question or supplying a replacement, as specified by the customer.
(3) If the goods cannot be repaired or replaced or if the Bertelsmann Stiftung is not willing or able to do so, or if the repair or replacement is delayed an inappropriate length of time for reasons for which the Bertelsmann Stiftung is responsible, the customer is entitled to withdraw from the contract without being subject to any claims for damage, or to demand a reduction in the purchase price.
(1) Business address:
Verlag Bertelsmann Stiftung
Tel.: +49 5241 / 81 81 175; Fax: +49 5241 / 81 681 175
VVA – arvato media GmbH
An der Autobahn 100
Tel.: +49 5241 / 80 – 8 82 80; Fax: +49 5241 / 4 69 70
(3) The address for returning books, audio books and films can be found on the bill of delivery.
(1) Collection, processing and use of personal data
The Bertelsmann Stiftung agrees not to provide customer data to third parties unless this is necessary for executing the contract. Please note the additional information available in our Privacy Agreement.
If and to whatever extent the Bertelsmann Stiftung uses the data for the purposes of advertising, market research or opinion surveys, customers of the Bertelsmann Stiftung have the right to have their private data excluded from any such activities at any time.
(1) The Bertelsmann Stiftung is liable without limitation for damages caused by malice aforethought or gross negligence, in the case of fraudulent concealment of defects, when a guarantee of quality has been accepted, for claims based on product liability law or for bodily harm.
(2) The Bertelsmann Stiftung is liable for other damages only to the extent that a duty is violated which is of critical importance for the contractual purpose to be achieved (cardinal duty) and to the extent that damages are typical and foreseeable based on the contractual use of the goods.
(3) In this case, the liability is limited to double the amount of the paid purchase price specified in the contract.
(4) No further liability exists, in particular for damages that do not occur to the goods themselves, for lost profit or other pecuniary loss suffered by the customer.
§12 Final Provisions
(1) This contract is subject solely to the substantive law of the Federal Republic of Germany, with the exception of the UN convention on the international sale of moveable goods.
(2) If the customer is a merchant, then Gütersloh is the sole legal jurisdiction for all claims relating to the business relationship.
§13 Continuation Orders/Subscriptions
Continuation orders of individual titles are not possible.
§14 Place of Fulfillment and Jurisdiction
Place of fulfillment and place of jurisdiction is Gütersloh, unless otherwise specified by law.
The English version of the Terms and Conditions is a translation of the German version (Allgemeine Geschäftsbedingungen), which remains solely binding for legal purposes.