§ 1 General, scope of application
1.1 All offers, deliveries and services of Eugen G. Leuze Verlag GmbH & Co. KG, Karlstraße 4, D-88348 Bad Saulgau (hereinafter "LEUZE VERLAG") via the online store www.leuze.de are made exclusively on the basis of these GTC in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply. Individual agreements always take precedence.
1.2 Customers under these GTC are both consumers and entrepreneurs. Consumers are natural persons who conclude contracts for a purpose that cannot be attributed primarily to their commercial or professional activity. Entrepreneurs, on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a contract with LEUZE VERLAG, are acting in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract, conclusion of the contract
2.1 Offers in the LEUZE PUBLISHER's online store are non-binding and do not constitute legally binding offers. Only the order by the customer is a binding offer according to § 145 of the German Civil Code (BGB), which LEUZE VERLAG can accept. After transmission of the order by the customer, LEUZE VERLAG sends an order confirmation and then a contract confirmation by e-mail. The contract only becomes binding upon delivery of the contract confirmation.
2.2 Products and offers in the online store can be viewed in detail without obligation by clicking on the product name or the product image. By clicking on the [Add to shopping cart] button, the selection is placed in the shopping cart.
The [DISPLAY SHOPPING CART] button displays the contents of the shopping cart without obligation. Products can be deleted from the shopping cart by clicking on the graphic [x] "Delete product from shopping cart" or changed by changing the quantity. The customer must then confirm the adjustment by clicking on the [ ] "Update quantity in shopping cart" button.
The customer must then select the desired payment method and confirm the LEUZE VERLAGS terms and conditions. If the customer wishes to order the products in the shopping cart, the [Checkout] button must then be clicked on the "Shopping cart" page.
The customer can log in to his existing customer account, open a new customer account for the first purchase or continue shopping as a guest without registering. For certain offers, e.g. magazine subscriptions, a customer account must be opened if, for example, the offer also includes certain online content that is located in the password-protected area of the online store.
In the last step, the customer receives an overview of their order data and can check and change all details again. Address details can be adjusted using the [ENTER/EDIT ADDRESS] button. Products can be deleted from the shopping cart by clicking on the graphic [x] "Delete product from shopping cart" or changed by changing the quantity. The adjustment should then be confirmed by clicking on the [ ] "Update quantity in shopping cart" button.
Input errors can also be corrected by the customer by navigating backwards in the browser or by canceling the order process.
To complete the purchase, it is essential to click on the [ORDER WITH PAYMENT] button at the end. The order will then be sent to LEUZE VERLAG.
§ 3 Supplementary provisions for the purchase of magazine subscriptions
If the customer orders a magazine subscription, the following provisions of this § 3 also apply:
3.1 By ordering a subscription, the customer receives a continuous supply of the magazine in question for the agreed period of time, as specified on the respective product page, until it is canceled. The information on the relevant product on the relevant product detail page is decisive for the subscription period or the agreed period of notice for a subscription.
3.2 Magazine subscriptions can be canceled by the customer in writing, by fax or in text form (e.g. also by e-mail). The information on the product page of the respective product is decisive for the notice period.
Address for canceling a magazine subscription:
Eugen G. Leuze Verlag KG
Postal address
Karlstrasse 4
D-88348 Bad Saulgau
Fax +49/7581/4801-10
E-mail
The right of withdrawal of consumers according to § 5 of these GTC remains unaffected.
3.3 Unless expressly agreed otherwise, the subscription offers presented are only aimed at direct customers.
§ 4 Storage of the contract text
The order and the order data entered will be saved by LEUZE VERLAG. The customer receives an order confirmation by e-mail and then a contract confirmation with all order data including the contract text. Customers also have the option of printing out both the order and the GTC before sending the order to LEUZE VERLAG. Finally, customers have access to the orders they have placed at any time via their customer account, if created.
§ 5 Right of withdrawal for consumers
5.1 The following right of withdrawal only applies to consumers in distance selling:
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Eugen G. Leuze Verlag KG, Karlstraße 4, D-88348 Bad Saulgau, Tel. +49/7581/4801-0, Fax +49/7581/4801-10, E-Mail
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment 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 immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation 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 only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
5.2 Unless otherwise agreed, there is no right of withdrawal for distance selling contracts,
for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
§ 6 Sample withdrawal form
(If you wish to cancel the contract, please complete this form and return it to us).
To the
Eugen G. Leuze Verlag GmbH & Co KG
Karlstrasse 4
D-88348 Bad Saulgau
Fax +49/7581/4801-10
E-mail
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase
the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as applicable.
§ 7 Prices and shipping costs
All prices are inclusive of VAT plus shipping costs. We deliver with DHL, German Post or another provider of our choice.
§ 8 Terms of delivery
8.1 We deliver worldwide.
8.2 Unless otherwise stated in the offer, ordered products will be delivered within 3-6 days after sending the contract confirmation.
8.3 Unless otherwise stated in the offer, magazine subscriptions are delivered in the middle of the respective month.
§ 9 Terms of payment
9.1 Payment can be made either in advance via PayPal or on account. We reserve the right to exclude individual payment methods. When paying by PayPal, you will be taken directly from the order process to the payment pages and make the transfer. In the case of payment by invoice, payment must be made within 10 days to the account specified on the invoice.
9.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims arising from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
§ 10 Warranty
10.1 If you are a consumer, the warranty is subject to the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies:
10.2.1 Delivered goods must be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall also be deemed to have been approved in view of this defect. § Section 377 HGB remains unaffected. The customer shall not be released from his duty to inspect the goods even in the event of recourse by the entrepreneur in accordance with § 478 BGB. If in such cases he does not immediately notify the defect asserted by his customer, the goods shall also be deemed to have been approved in view of this defect.
10.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the case of recourse pursuant to § 478 BGB.
10.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the item has been taken to a place other than the registered office or commercial branch of the customer to which the delivery was made. This clause shall not apply in the event of recourse pursuant to § 478 BGB.
10.2.4 The customer's claims for defects, including claims for damages, shall become time-barred after one year. This does not apply in the case of recourse according to § 478 BGB, nor does it apply in the cases of §§ 438 para. 1 no. 2 BGB and § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 11 Liability for damages and reimbursement of expenses
11.1 If you are a consumer, we are liable for damages in accordance with the statutory provisions.
11.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with sections 11.2 to 11.8:
11.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
11.2.2 Insofar as we or our representatives or vicarious agents have slightly negligently breached an obligation whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, liability shall be limited to the foreseeable, typically occurring damage.
11.2.3 Unless otherwise stipulated in Clauses 11.2.1 and 11.2.2, our liability for damages is excluded. The same shall also apply if recourse claims are asserted against us as the supplier in accordance with § 478 BGB.
11.3 The exclusions and limitations of liability under clause 11.2 shall also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses instead of performance.
11.4 The exclusions and limitations of liability under clause 11.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a performance outcome or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
11.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
11.6 Insofar as the limitation of liability pursuant to clause 11.2 does not apply to claims arising from manufacturer's liability pursuant to § 823 BGB, our liability shall be limited to the insurance compensation. Insofar as this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.
11.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
11.8 A reversal of the burden of proof is not associated with the above provisions.
§ 12 Legal system, place of jurisdiction
12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 For customers who conclude the contract for a purpose that cannot be predominantly attributed to their professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has their habitual residence.
12.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in D-88348 Bad Saulgau.
12.4 We (
§ 13 Miscellaneous
13.1 The contract language is German.
13.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
