| Passenger Books—General terms and conditions |
back |
| 1. Object of conditions/in general The terms and conditions between Passenger Books and the purchaser correspond to the following general terms and conditions in operation at the time the order is placed. Passenger Books does not recognize any divergent conditions on the part of the purchaser, unless Passenger Books has granted written consent. 2.1 Inasmuch as Passenger Books distributes books from other publishers, the following holds: books are fixed priced. The retail price is often set on a daily basis by publishers. The details of the goods and prices are set within the ordering procedure to the best of Passenger Books' knowledge, but nevertheless remain subject to confirmation due to retail price maintenance. 2.2 The purchaser's contract represents an offer to Passenger Books towards a contract of sale. When the purchaser places an order with Passenger Books, Passenger Books sends the purchaser an Email confirming the receipt of the order and listing the details of the order (order confirmation). This order confirmation does not represent an acceptance of the order, but is intended to inform the purchaser that the order has been received by Passenger Books. A contract of sale comes into being only after Passenger Books has sent the ordered item to the purchaser and after the purchaser has been notified of the dispatch by Email (dispatch confirmation). Items included in the order, but which do not appear on the dispatch confirmation are not part of the of the contract of sale. Should there be no Email address available, then the contract of sale comes into being with the dispatch of the item. The contract of sale rests with Passenger Books. 2.3 Passenger Books does not offer any products for sale to minors. Even our products designed for children can only be sold to adults. 2.4 All products are sold in normal reasonable quantities in so far as it is a private sale. Products will be delivered in the ordered quantities as far as this is possible. 3.1 The purchaser can revoke his/her order in writing (by Email, too) or by returning the goods within two weeks after receipt. In the event of the goods being used it should be noted that Passenger Books reserves the right to withhold money in the event of any resulting loss of value to the goods caused by the purchaser. The cost of returning the goods will be borne by the purchaser. 3.2 The right to revoke the order does not exist with regard to audio or video recordings (e.g. CDs, video cassettes, DVDs) or software, where the purchaser has broken the seal, nor by services, which have been transmitted online (e.g. downloaded software). The right of revocation also does not exist for goods which are by their very nature not suitable for returned (e.g. sealed goods after removal of the seal). The right to cancel/revoke does not exist in the case of newspapers, magazines and periodicals. 3.3. The right of revocation holds only, when the person ordering is the consumer. The person ordering is no longer the consumer if the purchase of the goods falls within the scope of his commercial or profession occupation. The right of revocation no longer applies. 4.1 In the event of nothing else having been agreed, the delivery will be made from the depot to the address the purchaser has stated. Details about delivery schedules cannot carry a guarantee unless a specific delivery time has been agreed in writing (e.g. by Email or fax). 4.2 If Passenger Book's courier does not supply Passenger Books with the goods ordered despite contractual obligation, Passenger Books retains the right to withdraw from the order. In such a case the purchaser will be informed immediately that the ordered item is no longer available. The purchase price will be refunded immediately. 4.3 Passenger Books is entitled to short delivery. 5.1 Prices include VAT and the denomination will be Euro. 5.2 The prices do not include postage and packaging (referred to as shipping). The shipping charges are flat rate: Switzerland: free ; Europe: € 7,-- (delivery within 4 to 15 working days) ; worldwide: € 14,-- (delivery within 6 to 60 working days). Any additional customs and excise charges will be borne by the purchaser. 5.3 In addition, the purchaser will bear the charge for foreign exchange where necessary. This holds even when the charges are borne by Passenger Books. 6.1 The purchaser can pay by credit card via PayPal (www.paypal.com) or via bank transfer. 6.2 Should the purchaser come in default of payment, then Passenger Books is entitled to charge interest at 8% p.a. above the base rate stipulated by the European Central Bank. If it is proven that Passenger Books is entitled to a higher default payment, then Passenger Books reserves the right to pursue this. If the purchaser is a consumer, then Passenger Books is entitled to charge default interest at a rate of 5 % p.a. above the base rate stipulated by the European Central Bank. The purchaser is deemed not to be a consumer if the purchase of the product is for business use. The purchaser is only authorized to set something off if his/her counter-claims have been indisputably established and are deemed legally valid or acknowledged by Passenger Books. In addition, he/she only has the right to refuse service in accordance with the right of retention only in consideration of indisputably established and legally valid counter-claims. 8.1 Until payment of the purchase price has been made in full, the purchased articles remain the property of Passenger Books. In so far as Passenger Books institutes proceedings according to Art. 771 of the ZPO, the purchaser is obliged to release Passenger Books from all judicial or out-of-court costs, which Passenger Books is unable to extract from the distraining third party. 8.2 Up until the exchange of ownership, the purchaser is obliged to treat the product with due care. Damage or loss to the product as well as insolvency of the purchaser and change of ownership, should be reported to Passenger Books immediately. 8.3 In the case of distraint or other interventions on the part of a third party then the purchaser is obliged to notify the third party of Passenger Book's rights on the products and also to notify Passenger Books immediately. Should the purchaser ignore this obligation, then he/she is liable for any costs arising. 9.1 Should the object of sale be defective, the purchaser may demand supplementary performance (remedy of defects or substitute delivery). If, in the event of a serious defect, the supplementary performance should prove unsuccessful, the purchaser is entitled to withdraw from the contract, negotiate reduction in the purchase price, or claim compensation for damages. Assignment of the purchaser's claims in this respect is excluded. 9.2 Unless hereinafter stated otherwise, and irrespective of their legal basis, further claims of the purchaser are hereby excluded. Passenger Books is therefore not liable for damages not occurring to the delivery item itself, in particular e.g. for loss of prospective profits or for other financial losses occurring to the purchaser. In so far as Passenger Books' liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents. 9.3 The above limitation of liability does not apply if damage occurs as a result of intention or gross negligence, or in the case of personal injury. Limitation of liability is also not applicable if the purchaser asserts claims arising from §1 or §4 of the Product Liability Act. 9.4 In so far as Passenger Books negligently violates a substantial contractual duty, then the obligation to pay compensation for property damage is limited to damage that occurs in the ordinary course of events. 9.5 If the supplementary performance is effected in the form of a substitute delivery, the purchaser is obliged to return to Passenger Books the goods which were supplied initially, doing so within a period of 30 days. If Passenger Books should not receive the goods within the stipulated period, they shall be entitled to demand compensation for the initially delivered goods, and to deduct this from the nominated means of payment. 9.6 If the purchaser is not a consumer, then the purchaser's claims arising from a defect shall expire by limitation within one year from the commencement of the period of statutory limitation. The purchaser is deemed not to be a consumer when the purchase of the goods occurs within the scope of a commercial occupation or an occupation as a self-employed person. Should the purchaser decide to undertake a review of a Passenger Books product under the terms of Passenger Books Customer Reviews, then he/she guarantees Passenger Books an unlimited and exclusive licence to use the purchaser review whenever, wherever and for whatsoever purpose both online and offline. Passenger Books will endeavour to refer to the purchaser here as »author« (unless the author would prefer to remain anonymous), but reserves the right to abbreviate or omit this detail. Passenger Books reserves the right not to publish a review or publish it for a limited time or in abbreviated or indeed modified form on its website. Purchaser reviews reflect the views of the purchaser at all times. Contents do not necessarily reflect the views of Passenger Books. 11.1 Passenger Books protects the personal details of its purchasers from unauthorized used with extreme care and the highest security. When payment is made via PayPal, data transfer is encrypted using SSL, guaranteeing the optimum security for Internet transactions. Encrypted data transfer is indicated by a closed padlock icon in the lower status panel of the respective browser. The processing of payment is undertaken by a third party on behalf of Passenger Books. The third party is hence privy to the personal details necessary for payment. 11.2 In order to check purchaser creditworthiness, Passenger Books is permitted to perform a credit search with the appropriate institutions in accordance with the provisions of the data protection act. 12.1 German Law applies without recourse to UN Sales Law. 12.2 The exclusive court of jurisdiction for all disputes is Berlin. This holds, insofar as the purchaser is a sole trader, legal entity in public law or a special authority under public law. The same holds, if the purchaser does not have a court of jurisdiction, as well as if the purchaser moves abroad after the contract has been completed or usual abode was not known at the point of the institution of legal proceedings.
|