§1 SCOPE OF OPERATION
1.1 The following General Terms and Conditions (hereinafter referred to as ‘GTC’) of Sebastian Steinacker (hereinafter referred to as ‘Seller’) serve as the legal basis for all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as ‘Customer’) concludes with the Seller with regard to the goods presented by the Seller in his online shop ‘sodabooks.com’.
1.2 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity according to § 13 BGB (German Civil Code). An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3 These GTC apply exclusively. The Seller does not accept contrary or deviating terms from the Customer, unless explicitly approved in writing on a case by case basis.
1.4 These GTC are intended for orders and deliveries within the area of the European Union (hereinafter referred to as ‘EU’); however they also analogously apply to orders from outside the EU and for deliveries to countries outside the EU insofar as their contents are applicable and not otherwise agreed.
§2 REGISTRATION
2.1 Each order requires prior registration as a customer. Multiple registrations are not permitted. Upon successful completion of the registration process, the Customer is admitted to the system.
2.2 The admission can be revoked at any time. In this case the Seller is entitled to immediately block and delete the Customer’s user name and the corresponding password.
§3 CONCLUSION OF CONTRACT
3.1 The presentation of the goods is not an offer to conclude a purchase contract with the Customer according to §§ 145 ff BGB (German Civil Code). It is not binding.
3.2 The Customer can submit his offer via the Seller’s webshop. When one or more products are selected, they are placed in a virtual shopping cart where the selected products can be viewed and their quantity changed or the products removed. By clicking the button ‘GO TO CHECKOUT’, the Customer is requested to enter the relevant data for the shipment. Before completing the order, the Customer is shown a summary of all information relevant to the order. By clicking the button ‘BUY NOW’ the ordering process is completed and the order is sent.
3.3 By submitting the order on the website, the Customer submits a binding offer according to § 145 BGB (German Civil Code), which is directed towards the conclusion of a purchase contract for the products contained in the shopping cart. By submitting the order, the Customer also acknowledges these GTC as solely authoritative for the legal relationship with the Seller.
3.4 The Seller confirms receipt of the Customer’s order by sending a confirmation e-mail. Such order confirmation does not yet constitute an acceptance of the Customer’s contractual offer by the Seller. It is only intended to inform the Customer that the order has been received. The declaration of acceptance of the contractual offer is made by delivery of the ordered products or by confirming the shipment with a second email (shipping confirmation).
§4 PRICES, SHIPPING COSTS, PAYMENT, PAYPAL
4.1 All prices and price components are quoted exclusively in EURO. Invoices will be issued solely in EURO.
4.2 The prices listed for the products at the time of the order will apply to orders. All prices stated are final prices (gross prices) which include the statutory value added tax (VAT). Shipping costs and import taxes and duties, if applicable, will be added. The applicable shipping costs can be found here: >> https://sodabooks.com/shipping
4.3 Delivery to the Customer by the Seller will be made against advance payment by bank transfer or via our payment service provider (PayPal). The Seller will not accept any other payment methods. Payment is due upon conclusion of the contract and payable within 7 days.
4.4 The Seller will always issue an invoice to the Customer, which will be included with the delivery.
4.5 If the Customer provides the Seller with a valid VAT identification number (hereinafter referred to as ‘VATIN’) for cross-border deliveries to another EU member state, the invoice will be issued free of VAT. If the VATIN provided is invalid the invoice cannot be issued free of VAT.
4.6 For deliveries to countries outside the EU, additional costs may arise which are beyond the Seller’s control and which have to paid by the Customer. These include costs for money transfer (exchange rate charges, transfer fees) or import duties/import taxes (e.g. customs duties). Costs in regards to money transfer may also occur if the delivery is made into a country of the EU but the Customer made the payment from a country outside the EU.
4.7 In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process.
§5 RETENTION OF TITLE
The Seller retains the right of ownership of the delivered goods until all claims resulting from the business relationship with the Customer have been settled in full.
§6 DELIVERY AND SHIPPING CONDITIONS, DELIVERY TIMES
6.1 The delivery of goods takes place by dispatch to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing is decisive.
6.2 If the transport company sends the shipped goods back to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery.
6.3 Partial deliveries of the Seller are permitted.
6.4 Delivery times are estimates only and not guaranteed.
§7 REVOCATION
7.1 If the Customer is acting as a consumer, he has the right to revoke this contract without giving any reason. The revocation period is fourteen days from the day on which the Customer or a third party named by the Customer, who is not the carrier, has taken possession of the goods. To exercise this right of revocation, the Customer must inform the Seller (sodabooks.com. Sebastian Steinacker, Rumfordstrasse 3, 80469 Muenchen, GERMANY, Tel. +49. 89. 2024 5353, Email: info@sodabooks.com) by means of an unequivocal declaration (e.g. a letter sent by post or email) of his decision to revoke this contract. The Customer may use the attached sample declaration of revocation, but is not obligated to do so. To meet the applicable deadline for revocation, it is sufficient to dispatch the notification of the exercise of the right of withdrawal before the expiry of the revocation period.
7.2 The right of revocation does not apply to the delivery of newspapers, periodicals and magazines.
7.3 If the Customer revokes this contract, the Seller will immediately (e.g. by email) send the Customer confirmation of receipt of such a revocation.
7.4 The Seller will refund to the Customer all payments, including shipment costs (with the exception of additional costs resulting from the fact that the Customer has chosen a shipment method other than the most affordable standard shipment method offered by the Seller), without undue delay and at the latest within fourteen days from the day on which the Seller received the notification of the Customer’s revocation of this contract. Such refund is effected using the same type of payment that the Customer used in the original transaction, unless expressly agreed otherwise; in no case will the Customer be charged any fees on the basis of such refund. The Seller can refuse the repayment until he has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier.
7.5 The Customer must return or hand over the goods to the Seller immediately and in any case within fourteen days from the day of the revocation of this contract.
7.6 The Customer will bear the direct costs of returning the goods to the Seller.
7.7 The right to cancel does not apply for Customers who, at the time of concluding the contract, are not nationals of a member state of the EU and whose exlusive residence and address of delivery are located outside of the EU.
7.8 If goods have been returned to the Seller despite exclusion of the right of revocation and return according to GTC § 7.2, the Customer shall bear the cost of renewed shipping of the goods.
SAMPLE DECLARATION OF REVOCATION
To
soda.
Sebastian Steinacker
Rumfordstraße 3
80469 München
GERMANY
Telephone: +49. 89. 20 24 53 53
Email: info@sodabooks.com
I hereby rescind the agreement into which we entered for the purchase of the following goods
Ordered on / received on
Name of Customer
Address of Customer
Date and signature of Customer (only if communicated on paper)
§8 LIABILITY
8.1 If the purchased item is deficient, liability for defects in accordance with the statutory regulations shall apply.
8.2 The Customer is requested to make a complaint about the delivered goods with obvious transport damage to the delivery company and to inform the Seller. If the Customer does not comply with this it has no effect on his statutory or contractual claims for defects.
8.3 The Seller will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of business opportunity, or reputation; or any indirect or consequential loss or damage.
§9 FINAL PROVISIONS
9.1 Any invalidity of one or more provisions of these GTC shall not affect the validity of the remaining provisions. The statutory provision shall apply in substitution of the invalid provision.
9.2 These GTC shall be governed by and construed in accordance with German law and each party agrees to submit to the jurisdiction of the courts having jurisdiction for the Seller.