General Terms and Conditions www.z-order.eu
| 1. | General |
| 1.1 | Provider of the goods offered in the online shop located at www.z-order.eu (the “online shop”) is: Druckerei C.H.Beck, Bergerstraße 3-5, 86720 Nördlingen, Germany, a branch of Verlag C.H.Beck GmbH & Co. Co. KG; telephone +49 (0) 9081 85-0, email: info@becksche.de (hereinafter referred to as "we", “our”, “us”). |
| 1.2 | Our goods are aimed at consumers as defined in section 13 of the German Civil Code (BGB) ("any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed") and persons/partnerships/institutions that are not consumers. |
| 1.3 | These General Terms and Conditions (“GTC”) apply to all contracts between us and customers of the online shop as well as customers who place a bulk order (see section 2.5) outside the online shop (hereinafter referred to as "you", “your”). The GTC valid at the time of conclusion of the contract shall apply. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion. |
| 2. | Conclusion of contract |
| 2.1 | Offer to conclude a contract: The presentation of our goods does not constitute a binding offer on our part. Your order, which you submit by clicking on the "Buy now" button in the online shop, is your offer to us to conclude a purchase contract. |
| 2.2 | Technical steps for concluding a contract in the online shop |
| 2.2.1 | User account: You can only place an order if you are logged in with your user account. You may need to register first. We will process any personal data that you provide to us, or that we collect from you, in accordance with our Privacy Policy here. |
| 2.2.2 | Shopping basket system: You can search for items using the search function and add them to your virtual shopping basket by clicking on the shopping basket icon. You can view the contents of your shopping basket at any time by clicking on the shopping basket icon in the navigation bar at the top right. |
| 2.2.3 | Checkout: Click on the "Go to Checkout" button to proceed to checkout. You can check your entries and correct them if necessary until you click on the “Submit order” button. |
| 2.3 | After placing your order: We will immediately send you a confirmation of receipt by email. This confirms that we have received your order, but does not constitute a declaration of acceptance. |
| A purchase contract with us is only concluded when you receive an order confirmation (i.e. an express declaration of acceptance) from us or upon delivery of the goods. You will receive the contract text (contents of the order and these General Terms and Conditions) in this order confirmation; we do not store the contract text after the order in a way that is accessible to you. | |
| If we are unable to accept an order, we will inform you within 3 working days. | |
| 2.4 | Bulk orders |
| 2.4.1 | Orders can only be placed in the online shop up to a maximum order value of EUR 1,000.00 net and a shipping weight of up to 30 kg. |
| 2.4.2 | We only accept bulk orders that exceed these limits via the contact form or email. Notwithstanding section 2.2, your order submitted via the contact form or email then constitutes an offer to conclude a purchase contract; sections 2.1 and 2.3 apply in the same way. |
| 3. | Delivery |
| 3.1 | Delivery period: Delivery will be made within 14 calendar days to the delivery address specified by the customer. If you are not a consumer, the specification of a delivery period is non-binding unless it is expressly agreed as binding. |
| 3.2 | Default: If a binding delivery period is culpably not met (default), you have the obligation to first set us a reasonable grace period. If we allow this grace period to elapse, you are entitled to withdraw from the purchase contract. |
| 3.3 | Force majeure: If force majeure (e.g. natural disasters, war, civil war, terrorist attack) makes delivery impossible, the performance obligations of both parties (our delivery obligation, your payment obligation) are suspended for as long as the impediment to performance exists. |
| If the impediment to performance lasts longer than 14 days, you and we may withdraw from the contract. We will refund any amounts already paid without delay. |
| 4. | Right of withdrawal for consumers | ||||||||||||||||||||||
| If you are a consumer (see section 1.2 ), you have a right of withdrawal in accordance with the statutory provisions. Other customers (i.e., non-consumers) do not have a right of withdrawal. | |||||||||||||||||||||||
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| If you wish to withdraw from your purchase contract, you can formulate your own declaration of withdrawal or use the following template. | |||||||||||||||||||||||
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| 5. | Due date and payment, default |
| 5.1 | Payment can be made by credit card, direct debit, Apple Pay, Google Pay, Klarna, PayPal or in advance; direct debit is only available to German business partners. Specifically: |
| 5.1.1 | Credit card payment: By providing your credit card number in the order, you authorise Druckerei C.H.Beck to collect the purchase price from the credit card account specified in the order. This will take place immediately after the payment transaction has been successfully completed. We use the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands. |
| 5.1.2 | SEPA direct debit: When paying by direct debit, Druckerei C.H.Beck is revocably authorised to collect the amounts due from the account specified in the order. This will take place after receipt of your order, before the delivery is shipped. |
| 5.1.3 | Apple Pay, Google Pay: If you pay with Apple Pay or Google Pay, we will charge your account with the respective provider (Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA; or Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). The terms and conditions of the respective provider apply. This will take place immediately after the payment transaction has been successfully completed. |
| 5.1.4 | Klarna: You can use Klarna as your payment provider. You only need to submit your payment details to Klarna; we do not receive this information. The terms and conditions of Klarna Bank AB (publ), PO Box 900162, 90492 Nuremberg, apply. The payment method you have chosen will be charged immediately after the payment process has been successfully completed. You can also choose to pay by invoice via Klarna; in this case, the terms and conditions of Klarna apply. |
| 5.1.5 | PayPal: If you pay using the PayPal service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, we will debit your PayPal account immediately after the payment transaction has been successfully completed. |
| 5.1.6 | Prepayment is not offered in all countries. If you choose to pay in advance, delivery will take place after your payment has been credited to our bank account. The delivery period begins on the day you send the transfer. |
| 5.1.7 | Failed payment: In the event that a direct debit is not honoured or a payment is reversed by the payment service provider or the bank and you are responsible for this, you must reimburse us for all costs incurred. You are free to prove that the costs were not incurred or were not incurred in the amount claimed. |
| 5.1.8 | Ford dealers with dealer codes: Ford vehicle dealers from the United Kingdom with a valid dealer code in the Ford parts billing system have the alternative option of paying for orders via this account (billing via Ford). In this case, the invoice will be issued to the Ford vehicle dealer by the Ford Motor Company; a surcharge will be applied. |
| 5.2 | Default: If you are in default of payment, we are entitled to charge default interest at the statutory rate; if you are not a consumer, we are also entitled to the statutory default fee. We reserve the right to claim higher damages for default. |
| 6. | Offsetting and right of retention |
| You are only entitled to offset if your counterclaims have been legally established or are undisputed by us; this does not apply to counterclaims based on defects in our services. You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship. |
| 7. | Prices and shipping costs |
| 7.1 | All prices quoted in our online shop are gross prices including statutory value added tax and do not include shipping costs. Shipping costs depend on the shipping method and the size and weight of the goods you have ordered. The amount displayed before you place your order applies. |
| 8. | Retention of title |
| The delivered goods remain our property until full payment has been received. |
| 9. | Warranty and liability |
| 9.1 | The operating instructions only apply to vehicles that have been manufactured in Europe. Please carefully select the operating instructions that apply to your vehicle. We do not guarantee that an operating instruction purchased from is suitable for your purposes. The selection of the correct operating instructions is at your own risk. |
| 9.2 | The operating manuals have been carefully compiled by experts under the guidance of the manufacturer. However, we do not guarantee that the operating manuals are completely free of content-related defects such as errors or ambiguities. |
| 9.3 | We are liable in accordance with the statutory provisions |
| 9.3.1 | for damage caused intentionally or through gross negligence; |
| 9.3.2 | for fraudulently concealed defects or assumed guarantees for the suitability of the goods; |
| 9.3.3 | in the event of culpable injury to life, limb or health; |
| 9.3.4 | for claims under the Product Liability Act. |
| 9.3.5 | for any other liability which cannot be excluded or limited under applicable law including, if applicable, your statutory rights as a consumer. |
| 9.4 | In the event of a slightly negligent breach of essential contractual obligations, including by our legal representatives or vicarious agents, we shall only be liable for damage that is foreseeable and typical for this type of contract. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance a customer may regularly rely. |
| 9.5 | The above limitation of liability also applies in favour of our legal representatives and vicarious agents, in particular our employees. |
| 10. | Applicable law and place of jurisdiction |
| 10.1 | The law of the Federal Republic of Germany applies to and governs these GTC and any dispute or claim arising out of or in connection their subject matter, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer (see section 1.2) and have your habitual residence in a country other than Germany at the time of your order, this provision does not mean that you lose the protection of the statutory provisions of the country of your habitual residence, from which no deviation is permitted by agreement, meaning that you will not be deprived of any mandatory consumer protections of your home country. |
| 10.2 | The exclusive place of jurisdiction is our registered office (see section 1.1) if you are a merchant, a legal entity under public law or a special fund under public law; if you do not have a general place of jurisdiction in Germany; if you move your place of residence or habitual abode abroad after conclusion of the contract ; or if your place of residence or habitual abode is unknown at the time the action is brought. We are also entitled to bring legal action before another competent court. Notwithstanding the foregoing, if you are a consumer (see section 1.2) then (a) you are entitled to bring legal action against us in the German courts or in the courts of the country you live in; and (b) we are only entitled to bring legal action against you in the courts of the country you live in. |