Vol. 46 Nr. 1/2012

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§ 1    General

1. All transactions between the vendor and the customer are subject exclusively to the following terms and conditions. Any conflicting agreements must be confirmed in writing.
   
   
2. The vendor with all rights and duties is DLG-Verlag GmbH, Eschborner Landstrasse 122, 60489 Frankfurt/Main , Germany (“DLG-Verlag”).

§ 2    Conclusion of the contract

1. The contract including the present GTCB between the customer and vendor comes into force through the customer clicking on the “Order” button or pressing the “Enter” key to confirm the order in the online order form on the website to send it to the vendor as a binding application to conclude a contract, and through the vendor accepting the contract through delivery within a reasonable period.
   
   
2. The vendor reserves the right to refuse the application, specifically

• if the information provided by the customer or other conduct of the customer not in accordance with the contract in dealing with another order gives reason to suspect that the customer will not properly meet his or her contractual obligations, or
• if the website includes typing errors, print or arithmetical errors which have become the basis for the customer’s application.

§ 3    Prices, shipping costs, delivery

1. Unless otherwise agreed, delivery is to the address stated by the customer.
2. Our prices are final prices. They include statutory VAT at the prevailing rate.
3. For the periodical “Rural 21”, the following shipping costs apply:

§ 4    Terms of payment, retention of title

1. The purchase price plus postage and flat rate shipment fees are due immediately net and without discount on ordering.
   
   
2. Delivery to EU countries which are not German speaking are subject to the above conditions, delivery to non-EU countries in Europe and all other countries will only be made after payment of the advance invoice. The customer can choose between the forms of payment offered in the order process. In the event of return or failure to meet a direct debit, the customer hereby authorises the bank irrevocably to notify the vendor of his or her name and current address.
   
   
3. The articles delivered remain the property of the vendor until paid for in full.
   
   
4. Offset by the customer is only permissible if the claim is uncontested or enforceable.
   
   
5. Unless otherwise stated, periodical subscriptions are billed in advance for a calendar year.
   
   

§ 5    Cancellation

You can cancel your order within 14 days, without stating reasons, in text form (e.g. letter, fax, e-mail) or – if the item is delivered before the end of this period – by returning the item. This period starts after receipt of this information in text form, but not in any event before receipt of the item by the recipient (in the case of repeated delivery of similar items, not before receipt of the first partial delivery) and not before compliance with our obligations to provide information under Article 246 §2 in combination with §1 paras. 1 and 2 EGBGB and our obligations under § 312e para. 1 sentence BGB (German Civil Code) in combination with Article 246 §3 EGBGB (Introductory Law to the German Civil Code). Timely mailing of the cancellation or item is sufficient for compliance with the cancellation period. Cancellation must be sent to:

DLG-Verlag GmbH, Eschborner Landstr. 122, 60489 Frankfurt, Germany
 
Consequences of cancellation
In the event of valid cancellation, the benefits received by both parties must be returned together with any derived benefits (e.g. interest). If you are unable to return the received benefits in whole or in part or only in deteriorated condition, you must compensate us to that extent. When returning items, this does not apply if the deterioration to the item is due solely to its examination, as for example possible in a retail outlet. Otherwise, you can avoid the duty to compensate for deterioration due to use of the item in accordance with its purpose by refusing to use the item as your property and avoiding anything which might reduce its value. Items which can be shipped as packages are returnable at our risk. You must bear the costs of return if the item shipped corresponds to the item ordered and if the price of the item to be returned does not exceed EUR 40 or if in the event of a higher price of the item you have not yet made full or contractually agreed part payment. Otherwise the return is free of charge to you. Items which cannot be shipped as packages will be collected. Payment must be met within 30 days. This period begins for you at the time of sending in your cancellation or the item, for us with their receipt.
 
§ 6    Warranty and liability

1. If there is a defect in the item delivered at the time of transfer of risk, the customer can require repair or replacement. If the customer’s requirement is unreasonable the vendor may choose the alternative. If the latter is also unreasonable, or if the vendor is unable to repair or replace the item, or fails to do so within a reasonable period or otherwise, the customer is entitled to withdraw from the contract or require a reduction in the purchase price.
   
   
2. Further liability of the vendor is excluded regardless of the nature of the claim, provided that it is based only on slight negligence.
   
   
3. This exclusion of liability does not apply to infringement of a warranty or material obligation or violation of the Product Liability Act or absence of a warranted characteristic. In the event of violation of a material obligation, liability is limited to typically foreseeable loss or damage. The exclusion of liability under (2) above and limitation of liability under (3) above do not apply to loss of life, physical injury or injury to health.

§ 7    Data protection

1. The customer authorises the vendor and DLG-Verlag acting on behalf of the vendor to process, store and analyse data on the customer received in connection with the transaction within the meaning of the Data Protection Act.
   
   
2. The vendor and DLG-Verlag acting on behalf of the vendor store and use the customer’s personal data only to process orders and any complaints. The vendor and DLG-Verlag acting on behalf of the vendor use the customer’s e-mail address only for notifications regarding the orders and, if explicitly requested by the customer, for their own newsletters and notices. The customer has a right to information and a right to correct, block and delete the customer’s stored data.

§ 8    Conditions for cancellation of periodical subscriptions

1. Orders for periodical subscriptions can be cancelled with notice of six weeks to the end of a calendar year.
   
   
2. Subscriptions are automatically extended for a further year unless cancelled with due notice.

§ 9    Other

1. German law applies with exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
   
   
2. Amendments to the contract and the present General Terms and Conditions of Business including this written form clause must be in writing.