General Terms and Conditions
§ 1 Validity, Definitions
(1) ERLING Verlag GmbH & Co. KG, ERLING Verlag GmbH & Co. KG, Klein Sachau 4, 29459 Clenze, Germany (hereinafter: “we” or “Erling Verlag Webshop”) operates an online store for goods and digital goods under the website https://www.erling-verlag.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. “Entrepreneur” 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, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at https://www.erling-verlag.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order takes place in the following steps:
- Selecting the desired goods, digital goods,
- Adding the products by clicking the appropriate button (eg “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling the order overview by clicking the appropriate button (eg “Proceed to checkout”, “Proceed to payment”, “To order overview” or. ä.),
- Enter / check the address and contact information, selection of payment method, confirmation of the terms and conditions and revocation,
- If the agreed condition of the goods deviates from their usual condition and conditions of use, confirmation of a negative condition agreement,
- Completion of the order by pressing the button “Buy now”. This represents your binding order.
- The contract is concluded by sending an order confirmation from us to the specified e-mail address within three working days.
(4) In the event of the conclusion of the contract, the contract with ERLING Verlag GmbH & Co. KG, ERLING Verlag GmbH & Co. KG, Klein Sachau 4, 29459 Clenze, Germany.
(5) Prior to the order, the contract data can be printed or electronically saved via the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after the order is triggered by you, partly automated. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online store, the subject matter of the contract is:
- The sale of goods. The specific goods offered can be found on our article pages.
- The sale of digital goods, such as software or media downloads. The concretely offered digital goods can be found on our article pages.
(2) The essential characteristics of the goods and digital goods can be found in the item description. If the agreed condition of the goods deviates from their usual condition and conditions of use, this will be expressly pointed out in the item description (negative condition agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
(3) For the sale of digital products, the license agreements that can be viewed on the website (https://www.erling-verlag.com/shop/lizenzvereinbarung-digitale-gueter/) as well as the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular on hardware and/or software requirements for the target environment, shall also apply. Unless otherwise expressly agreed, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated in the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: [ place value for default_delivery_time_text ] after receipt of payment).
(5) Delivery is worldwide.
§ 5 Updates, updates, cooperation obligations of the consumer
(1) Insofar as a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are authorized to also use a third party to provide the updates (e.g. the manufacturer or its supplier).
(3) The period in which updates are provided depends on the type of the respective purchased item and is explained in the item description.
(4) Consumers will be informed about the provision of updates as well as the proper installation of these ([ Place value for agbs_v2_digital_update_information ]).
(5) The customer is obliged to install provided updates properly according to the installation instructions.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the case of injury to life, limb, health or breach of a fundamental contractual obligation without limitation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to take action and fulfill the performance owed under the contract, which is described in § 3.
(3) If, when purchasing a good with digital elements or when purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been provided to him and about whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the lack of this update.
§ 9 Contractual language
Only German is available as the contractual language.
§ 10 Warranty
(1) The warranty is governed by the statutory provisions.
(2) Vis-à-vis entrepreneurs, the warranty period on delivered items is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 11 Final provisions/dispute resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (favorability principle).
(2) The provisions of the UN Sales Convention shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.
(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.