Scope of validity
The following terms and conditions apply to all orders placed via our online store by consumers and business entities.
Consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. A business entity is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
The following applies vis-à-vis business entities: if the business entity uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
- CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, POSSIBILITIES OF CORRECTION
The purchase contract is concluded with Texianer Verlag – Engelking e.K.
- CONTRACTING LANGUAGE, CONTRACTING TEXT
The languages available for the conclusion of the contract are English and German
We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.
- DELIVERY TERMS
In addition to the stated product prices, shipping costs may still apply. For more detailed provisions on any shipping costs incurred, please refer to the offers.
We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.
We do not deliver to packing stations.
In our store, the following payment methods are generally available:
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
- RIGHT OF CANCELLATION
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. business entities are not granted a voluntary right of withdrawal.
- PROPERTY RETENTION
The goods remain our property until full payment.
For business entities, the following applies in addition: We retain ownership of the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves, as long as you do not meet your payment obligations.
- TRANSPORT DAMAGE
For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
- WARRANTY AND GUARANTEES
Unless otherwise expressly agreed below, the statutory defect liability law applies.
In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For business entities, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to § 445a of the German Civil Code (BGB) shall remain unaffected.
To business entities, only our own specifications and the manufacturer’s product descriptions included in the contract shall apply as an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to business entities at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
– in the event of injury to life, limb or health
– in the event of intentional or grossly negligent breach of duty as well as fraudulent intent
– in the event of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
– within the framework of a guarantee promise, insofar as agreed, or
– insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.
For claims based on damage caused by us, our legal representatives or agents, we are always liable without limitation
– in case of injury to life, limb or health
– in case of intentional or grossly negligent breach of duty
– in the case of a warranty promise, if agreed, or
– to the extent that the scope of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
11. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
If you are a business entity, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.