General Terms and Conditions (GTC)
§1 User
The user of these GTC is:
BGG-Verlag, non-profit special purpose enterprise of the Brandenburg Genealogical Society “Roter Adler” e.V.
BGG online bookshop
PO Box 60 06 13
14403 Potsdam
Germany
Register number: VR 6801 P
Register court: Amtsgericht Potsdam
§2 Scope
These General Terms and Conditions apply to all legal transactions between the user and you as the customer. The product range of BGG online bookstore is aimed equally at consumers, entrepreneurs and merchants. Should you wish to include your own General Terms and Conditions in the contract which contradict our General Terms and Conditions, we do not agree to their validity.
§3 Definitions of terms
(1) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
(2) An entrepreneur within the meaning of these GTC 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 independent professional activity (§ 14 BGB).
(3) A merchant within the meaning of these GTC is either a person who operates a commercial business (§ 1 HGB) or a person who has had the name of his business entered in the Commercial Register (§ 2 HGB).
§4 Conclusion of contract and storage of the contract text
(1) The presentation and description of the goods on the pages of the BGG online bookstore – at en.bggroteradler.de – does not constitute a contract offer, but an invitation to place an order.
(2) You can select products from the BGG online bookstore range and collect them in the digital shopping basket. By clicking on the button “order with costs” you make a binding offer to purchase the goods in the shopping basket. We will then immediately send you an automatic confirmation of receipt by e-mail in which your order is listed again. The automatic confirmation of receipt merely documents that we have received your order. It does not constitute acceptance of your purchase offer. The purchase contract is only concluded when we accept your purchase offer by sending a separate order confirmation by e-mail, or when we separate the goods without prior express declaration of acceptance and send them to you.
(3) The text of the contract is stored for orders. You can print out the text of the contract before placing the order by using the “Print” function of your browser in the last step of the order process. With the automatic confirmation of receipt, you will also receive all order data as well as a copy of the General Terms and Conditions together with the cancellation policy by e-mail. If you have registered with a customer account, you can view your orders in your profile. In addition, we store the text of the contract, but do not make it accessible on the Internet.
(4) The contract language is German.
§5 Right of withdrawal
(1) If you are a consumer according to §2 (1) of these GTC, you are entitled to a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation pursuant to paragraph 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the following cancellation policy¹ shall apply to the right of cancellation.¹
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or had taken possession of the goods. To exercise your right of withdrawal, you must contact us at
BGG online bookstore
c/o Gerd-Christian Treutler
Ruppiner Str. 61
14612 Falkensee
Germany
Fax: 03322 234387
E-Mail: bestellung@bggroteradler.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal 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 without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. 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 the condition, properties and functioning of the goods.
– End of the cancellation policy –
¹ This cancellation policy does not apply to the separate delivery of goods.
§6 Terms of payment
“BGG Publishings online bookstore” makes use of the small business regulation according to § 19 UstG. Sales tax is therefore neither shown nor charged. Other price components are included in the prices shown. Packaging and shipping costs are not included in the displayed price and may be additional.
We generally accept the following payment options:
If you choose payment in advance, we will provide you with our bank details. The invoice amount is to be transferred to our account within 7 days. Should you be in default of payment, the purchase price shall be subject to interest at a rate of 5 percentage points above the base interest rate during the period of default. We will charge you a reminder fee of € 2.50 for each reminder sent to you after the occurrence of the default, unless a lower or higher damage is proven in the individual case.
§7 Delivery conditions
Unless the description of a selected product explicitly states otherwise, delivery shall take place within 7 working days. In the case of payment via bank transfer or Paypal, this period begins on the day after the payment order is issued. In the case of payment by invoice, the period begins with the order confirmation.
§8 Transfer of risk (transport damage)
If the customer is a consumer, the risk of accidental loss, accidental damage or loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, insofar as the user is only responsible for the dispatch, the risk shall pass to the customer when the goods are delivered to the transport company.
§9 Reservation of ownership
(1) The user retains ownership of the goods until the purchase price has been received in full.
(2) If you are an entrepreneur or a merchant, we retain ownership of the goods until all current and future claims from an ongoing business relationship have been settled in full. As an entrepreneur or merchant, you are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, you hereby assign to us the resulting claims against the purchaser as security for the purchase price claim. We authorise you to collect the claims assigned to us in your own name and for our account.
§10 Warranty
The statutory warranty regulations apply.
§ 9 Final provisions
(1) The place of jurisdiction is our registered office (if you are a merchant, a legal entity under public law or a special fund under public law).
(2) If you are an entrepreneur, contracts between you and us shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) The European Commission provides a platform for online dispute resolution (OS), which you can find here:
https://ec.eu-ropa.eu/consumers/odr/
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(4) Should one of the provisions in these terms and conditions be or become invalid, this shall not affect the validity of the other provisions. The relevant statutory provisions shall apply in place of the invalid provision.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
To
BGG online bookstore
c/o Gerd-Christian Treutler
Ruppiner Str. 61
14612 Falkensee
Germany
Fax: 03322 234387
E-Mail: bestellung@bggroteradler.de
HI/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on / received on (*):
Name of consumer(s):
Address of consumer(s):
Telephone/E-Mail (*):
Date / signature of consumer(s).
(only in case of paper communication)
___________
(*) Delete as applicable