General Terms and Conditions of Business
§ 1 General
These General Terms and Conditions of Business shall apply to the purchase contracts concluded at the Online Shop at https://gentleman.style between
Spencer ten Brink Verlag
Owner: Spencer ten Brink
Goebenstr. 16
90431 Nürnberg
Tel.: +49 (0) 17620081203
Fax: +49 (0) 522080
Tax Number: DE263594633
and the customer of the Online Shop.
1.1.
The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking “Order Now”, the customer makes a legally binding commitment to purchase the goods in the shopping basket.
1.2.
The customer shall receive an email confirming the reception of the customers order immediately after the order has been submitted. This email is not a contract acceptance of a legally binding offer.
1.3.
The sales contract shall only enter into effect upon receipt of a separate email confirming the order. This confirmation will be sent within three business days after order reception. If delivery of ordered goods is not possible, we or our fulfilment provider (see § 2.1.) will notify you immediately via email.
1.4.
The contractual language is German.
§ 2 Delivery & Payment
2.1.
Deliveries are despatched by our fulfilment provider pg verlagsauslieferung, pg medien GmbH, Mühlweg 2, 82054 Sauerlach, Germany. Countries in which we offer delivery are Germany, Austria, Belgium, Luxemburg and the Netherlands.
2.2.
Dispatch of goods will follow immediately after reception of order.
2.3.
Within Germany goods shall be delivered within two to four business days. Delivery to neighbouring countries takes up to five business days.
2.4.
Currently we offer payment upon invoice within 14 days. Unless otherwise agreed in writing, invoices from Spencer ten Brink Verlag must be paid in full without delay.
2.5.
Issues with regard to contract or delivery shall be directed to the above-mentioned contact. Upon receipt we will immediately take care of them and inform you – if desired.
§ 3 Prices & shipping costs
3.1.
Prices shown are fixed prices, which is a legal requirement by German law (i.e. §5 on book price fixing). All prices include VAT plus any applicable charges for packaging and carriage.
3.2.
We will post goods free of shipping costs for consumers within Germany. For Austria, Belgium, Luxemburg and the Netherlands we charge 3.00 Euro per shipment.
§ 4 Statutory right of withdrawal
If the customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so.
The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us (Spencer ten Brink Verlag, Owner: Spencer ten Brink, Address: Goebenstr. 16, 90431 Nürnberg, Germany. Tel: +49 (0) 17620081203, Fax: +49 (0) 911522080, Email: ) of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. The customer shall bear the costs of returning the goods. The customer shall be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Withdrawal form
To Spencer ten Brink Verlag, Owner: Spencer ten Brink, Goebenstr. 16, 90431 Nürnberg, Germany, Tel: +49 (0) 17620081203, Fax: +49 (0) 911522080, Email:
I/we hereby give notice that I/we (*) withdraw from my/our (*) contract of purchase of the following goods:
Ordered on (*)/received on (*)
Full Name of consumer(s)
Address of consumer(s)
Date/Signature of consumer(s)
—–
(*) Delete as appropriate.
§ 5 Retention of title
The seller shall reserve the right of retention for the goods until the purchase price has been paid in full.
§ 6 Liability for defects
For ordered goods German statutory warranty rights apply.
§ 7 Liability
7.1.
The seller shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
7.2.
Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardises attainment of the very purpose of the contract.
7.3
If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
7.4
In all other respects, liability towards the seller – for whatever cause in law – is hereby ruled out.
§ 8 Place of jurisdiction
If the customer is a merchant, legal person governed by public law or special fund under public law, Nürnberg, Germany, shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
§ 9 Further information and notes
9.1.
Your personal data, insofar as these are necessary for this contractual relationship (inventory data) in terms of its establishment, organization of content and modifications, are used exclusively for fulfilling the contract. For goods to be delivered, for instance, your name and address must be relayed to the distributor (pg verlagsauslieferung, pg medien GmbH, Mühlweg 2, 82054 Sauerlach) of the goods and the logistics provider delivering the goods. Without your explicit consent or a legal basis, your personal data are not passed on to third parties outside the scope of fulfilling this contract.
9.2.
After completion of the contract, your data are blocked against further use. After expiry of deadlines as per tax-related and commercial regulations, these data are deleted unless you have expressly consented to their further use. If you desire disclosure to your personal data, your order or contract please contact
9.3.
When placing an order in the online store, the customer follows the technical steps as described below in detail:
First enter contact data, delivery and invoice address and the amount of desired books. If the invoice address and delivery address differ, there is the option to enter a different delivery address by checking the appropriate box. Prior submitting your order through clicking on “Order Now” please check all data provided. Furthermore our General Terms and Conditions of Business, our Privacy Statement and the Withdrawal Instructions need to be accepted. Prior clicking on “Order Now” you can cancel the ordering process any time. By clicking on “Order Now” an email will be sent to us and our fulfilment provider, submitting information about your order.