Terms and Conditions
www.z-order.eu Druckerei C.H.Beck
Section 1
Scope of Application
1.
These General Terms of Sale ('Terms') apply to all contracts concluded via our online shop between us,
Druckerei C.H.Beck
Bergerstraße 3-5
86720 Nördlingen
Germany
A branch Verlag C.H.Beck GmbH & Co. KG
Represented by C.H.Beck Verwaltungs GmbH, based in Munich, Munich District Court HRB 254521, Managing Director: Dr. Klaus Weber, Dr. Jonathan Beck, Dr. Christian Kopp, Dr. Thomas Aichberger, Dr. Maximilian Schenk, Kilian Steiner
Munich local court HRA 48 045
VAT no.: DE 811177792
and you as our customer.
These Terms shall apply whether you are a consumer, a business owner or a merchant.
2.
The customer shall be deemed a consumer if the purpose of the goods and services ordered cannot be ascribed to his or her commercial or freelance professional activity. A business owner, on the other hand, is defined as a natural person or legal entity or partnership with legal capacity who enters into the contract in the exercise of his or her commercial or freelance professional activity.
3.
All agreements made between you and us in connection with the contract of sale shall be based in particular on these Terms of Sale and our order acknowledgment.
4.
The version of the Terms in force at conclusion of the contract shall be applicable.
5.
We do not accept the customer's differing terms of business. This shall be the case even if we do not expressly object to their use.
Section 2
Conclusion of Contract
Presenting our goods and making it possible to place an order shall not constitute a binding offer on our part. An offer to conclude a contract of sale is only created when you place an order. A contract of sale is only concluded with us when you receive an acknowledgment of the order from us or upon delivery of the goods.
Section 3
Delivery
Delivery is made to the delivery address provided by the purchaser. In the case of Ford dealers registered in www.z-order.de who have ordered service records, delivery will be made to the dealership address. Delivery dates or periods are not binding unless expressly stipulated between you and us as binding. If we culpably fail to meet a date expressly stipulated as binding or if we are in default for another reason, you must grant us an appropriate extension of time for performance. If we allow that extra time to elapse without notice, you shall be entitled to cancel the contract of sale. If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or other performance permanently impossible, Druckerei C.H.Beck shall have no obligation to perform. Sums already paid will be reimbursed by Druckerei C.H.Beck without delay.
Moreover, Druckerei C.H.Beck can refuse performance if this entails an effort out of all proportion to the customer's interest in execution of the contract of sale, even when taking into account the subject matter of the contract of sale and the principle of good faith.
Orders will be accepted only up to an order value of not more than EUR 1,000 net goods value and a shipping weight of not more than 30 kg.
Section 4
Right of Cancellation
1.
If you are a consumer, you have a right of cancellation as provided by law. The right of withdrawal applies only to end users and not to Ford dealers.
2.
If you as a consumer exercise your right of cancellation according to clause 1, you shall pay the standard return expenses.
3.
Apart from that, the right of cancellation is governed by the rules set forth below.
Cancellation Policy
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the date when you or a third party nominated by you, other than the carrier, took possession of the goods.
To exercise your cancellation right you must inform us
Druckerei C.H.Beck
Verkauf
Berger Straße 3
86720 Nördlingen
Germany
E-mail: z-order-support@becksche.de
Fax: +49 (0) 9081 85-206
by a clearly worded declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.
You can use the attached standard cancellation form, but you are not obliged to do so. If you exercise this option we will immediately (e.g. by e-mail) send you an acknowledgment of receipt of the cancellation.
The cancellation period will be deemed observed if you send off the notification of exercise of the cancellation right before expiry of the cancellation period.
Consequences of Cancellation
If you cancel this contract we will refund all payments we have received from you, including the delivery charges (except for the additional expenses arising if you selected a delivery option other than our cheapest standard delivery option) without delay and at the latest within 14 days from the date we receive your notification of cancellation of the contract. We will use the same payment method for the refund that you used in the original transaction, unless expressly otherwise agreed with you. In no circumstances will you be charged compensation for the refund. We can refuse to make the refund until either we have received the goods back or you have proved that you have sent the goods back, whichever is earlier.
You must send back or hand back the goods without delay and in all cases not later than 14 days from the date when you notify us of cancellation of the contract, to us
Druckerei C.H.Beck
Versand
Augsburger Straße 67
86720 Nördlingen
Germany
The time shall be deemed observed if you send off the goods before the 14-day period has elapsed.
You shall pay the direct expenses of returning the goods.
End of Cancellation Policy
Exclusion of Cancellation
There shall be no right of cancellation in the case of goods ordered to customer's specification or clearly customised to individual requirements (in particular, printing the VIN number).
There shall likewise be no right of cancellation in the case of delivery of digital content if the consumer has expressly agreed that the business owner may commence execution of the order before the end of the cancellation period and has confirmed that he/she is aware that by consenting to execution of the order he/she loses his/her cancellation right.
Section 5
Due Date and Payment, Default
Payment may be made by credit card, direct debit or cash in advance. The direct debit procedure can only be used with business partners in Germany. If you provide a credit card number when ordering, Druckerei C.H.Beck is authorised to take payment of the purchase price from your credit card account indicated in the order. In the case of payment by direct debit, Druckerei C.H.Beck is authorised until further notice to collect the sums due from the account indicated in the order. If a debit is not honoured through the purchaser's fault, the purchaser shall reimburse all expenses thereby arising. The purchaser is at liberty at any time to prove that the expenses did not arise or that they did not arise in the amount claimed. Cash in advance is not available in all countries.
Ford vehicle dealers in the United Kingdom and Switzerland who have a valid dealer code in the Ford accounting system for spare parts also have the option of paying for orders through that account (charging through Ford). The invoice will be issued to the Ford vehicle dealer by the Ford Motor Company. A surcharge will be made via the Ford accounting system if using this payment method.
If the purchaser is in default in payment, Druckerei C.H.Beck shall be entitled to demand interest for late payment at the statutory interest rate above the base interest rate. If a greater loss is demonstrably suffered by Druckerei C.H.Beck due to default, Druckerei C.H.Beck shall be entitled to charge the greater loss suffered because of the defaulted payment.
Section 6
Set-off and Right of Retention
Customers shall only be entitled to set off claims if their counterclaims have been established by a court of law without right of appeal or are undisputed by Druckerei C.H.Beck. Customers may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
Section 7
Prices and Shipping Charges
All prices shown in our online shop are gross prices inclusive of VAT at the rate in force. Any shipping charges are payable in addition. The shipping charges depend on the method of shipping and the size and weight of the consignment of goods ordered. The sum quoted when you place a binding purchase order shall apply. If a payment method for which fees are payable is chosen, a payment method fee will additionally be charged.
Section 8
Retention of Title
Goods delivered remain the property of Druckerei C.H.Beck until full payment has been made.
Section 9
Data Protection
1.
The supplier collects customer data in connection with order processing. In so doing the supplier observes the provisions of the Federal Data Protection Act and the Telemedia Act and other legislation. The supplier shall collect, process and use the customer's inventory data and use data without the customer's consent only insofar as necessary for the purposes of the contractual relationship and in order to use and bill telemedia.
2.
The supplier shall not use the customer's data for advertising, market research or public opinion research purposes without the customer's consent.
3.
The customer can at any time retrieve and edit his or her stored data via the 'My Account' button. Apart from that, customers are referred to the data policy statement regarding customer consent and other information on data collection, processing and use.
Section 10
Liability
The owner's manuals apply only to vehicles built in Europe. The required owner's manual is selected at the purchaser's own risk. Druckerei C.H.Beck cannot accept any liability whatsoever for damage or losses due to selecting the wrong owner's manual. Druckerei C.H.Beck cannot accept any liability whatsoever for defective content in the owner's manuals.
Section 11
Choice of Law and Place of Jurisdiction
1.
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the date of your order your usual place of residence is in another country, the application of that country's mandatory legal provisions shall be unaffected by the choice of law in clause 1.
2.
If you are a merchant and you have your registered office in Germany at the order date, the exclusive place of jurisdiction shall be the registered office of Druckerei C.H.Beck in Nördlingen. Apart from that, the venue and international jurisdiction shall be governed by the applicable legal provisions.
Standard Cancellation Form
If you want to cancel the contract please use this standard form and send it back
To
Druckerei C.H.Beck
Verkauf
Bergerstraße 3
86720 Nördlingen
Fax +49 (0) 9081 85-206
E-mail: z-order-support@becksche.de
I hereby cancel my contract for the purchase of the following goods:
Ordered on:
Received on:
Name:
Address:
Town/city:
Country:
Date:
Signature of consumer (only if sent in hard copy form)