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|General Terms and Conditions & data privacy|
|The general terms and conditions regulate the drawing up of the contract, the obligations on the part of the Realis Verlags-GmbH and the user, and the completion of the contracts agreed upon between Realis Verlags-GmbH and the user.|
Details of vendor
Telephone: +49 (0)89 7415300
Telefax: +49 (0)89 741530-19
Management: Cornelius Büchner
Commercial register: Magistrate’s Court Munich, HRB 73692
Sales tax identity Number: DE 129446691
Subject of the General Terms and Conditions
Subject of the General Terms and Conditions is the regulation of the conditions of contract for all contracts between the Realis Verlags-GmbH (supplier) with the customer of the online shop (user) that are drawn up via the online shop. The version of the General Terms and Conditions valid at the time of the closing of the contract is applicable
1. Agreement of contract
The offers made on the online shop are not binding. Clicking the order button is a binding declaration by the user to the supplier that the user wishes to buy the contents of the shopping basket. The contract is agreed to by the supplier after the order has been made. The agreement will be sent to the user directly the order button has been clicked. This is confirmation that the contract has been agreed to.
2. Disclosure requirements
2.1 When making the order, the user is obligated to supply truthful information. Should any changes to personal details arise, in particular name, address and e-mail address, the user is obligated to inform the supplier of this change immediately per e-mail at email@example.com or, in the case of registered customers (those with a customer account), to inform the supplier of the change by updating the details in the customer area of the online shop.
2.2 If the user does not comply with this duty of disclosure or gives false information from the beginning, particularly a false e-mail address, the supplier can rescind the contract insofar as one has been agreed upon. The rescission is to be made in writing, an e-mail is an acceptable written form.
2.3 Directly the contract has been agreed to, the supplier will send the user an e-mail with the customer’s details to the e-mail address supplied in the user’s order.
2.4 The user is obliged to inform the user at firstname.lastname@example.org if this e-mail has not arrived within four hours after agreement of the contract.
2.5 The customer is to ensure that the given e-mail address is reachable from the time of supplying the address and that there will be no hindrance to the receipt of e-mails due to re-routing, closure or exceeding the size limit of the mailbox.
2.6 It will be presumed there is an error in the supplied details if an e-mail directed to the user returns three times in succession or the order cannot be fulfilled due to an incorrect address. Herewith the obligation of delivery on the part of the supplier becomes null and void.
3.1 All prices are final, in Euro and inclusive of the VAT valid at the time of the transaction. The price valid at the time of ordering is binding. Should VAT be increased, the prices will be raised by the amount of the increase in tax. Should special offers only be valid for a prescribed period of time, the dates of the offer will be clearly stated.
3.2 Special offers are valid while supplies last. Subject to prior sale.
3.3 We reserve the right to make changes to the items or their design in response to manufacturing requirements.
4. Data privacy
4.1 Your personal information is treated with strict privacy and is transferred using powerful SSL encryption technology. We collect, store and use your personal details within the framework of processing your order. We refer to the relevant data privacy regulations of the Federal Data Protection Act (BDSG) and the Teleservice Data Protection Act (TDDSG). All intimate and private customer data (date of birth, place of birth, time of birth etc.) will under no circumstances be passed on to third parties. Only your address will be given to the delivery firm entrusted with the delivery of your order.
4.2 Registered customers (those with a customer account): The user is bound to take care of the user name and password carefully and to ensure that they do not become available to third parties. The user is bound by contract to contact the supplier immediately upon loss of a password; an e-mail is an acceptable form. After receipt of the information, the supplier will immediately block access to the password-protected area. To remove the block, a written application to the supplier by the user is necessary. A new registration by the user remains unaffected. If a third party has gained access to the user name and password due to negligence on the part of the user, the user remains liable for all orders in full made using this user name and password up to the time that the supplier receives the information of the loss of a password. If the loss of user name and password is not the fault of the user, the liability on the part of the user is restricted to EUR 50.00.
5. Delivery of goods, tendering of services
5.1 The order will be processed as soon as possible after receipt by the supplier.
5.2 With delivery of the goods to the delivery firm, the supplier has fulfilled his contractual obligations and liability devolves upon the user.
5.3 If the order cannot be met, the supplier can terminate the contract without rendering the service. In this case the supplier agrees to inform the user of the unavailability and, if relevant, to repay without delay any payment that has already been received from the user.
6. Postage and shipping
6.1 All shipment and packaging costs are to be paid by the supplier and are included in the shipping charge (see 6.2.).
6.2 The non-recurrent shipping charge per each order is EUR 3.50 within Germany and includes processing of the order, consignment, controlling of goods, packaging materials and costs and the shipping costs of the haulage contractor.
6.3 Should the cash-on-delivery (COD) mode be chosen, EUR 3.50 COD charges will be calculated.
6.4 In the case of delivery outside Germany, extra shipping costs will be incurred. The amount depends on the country of delivery. These are detailed separately in the shop system.
7. Right of return
7.1 As WHO I AM is an item individually manufactured according to customer specifications and is custom-made to the needs of the customer the legal right of return is not applicable.
For all non-personalized articles in this shop system the legal right of return is applicable.
An order can be revoked within two weeks of receipt of goods. The return must be made in writing per e-mail, fax, letter or by sending back the goods. For compliance with the deadline, the time and date of the postmark is the determining factor. A reason for the return need not be stated.
B. Exceptions to right of return
B.1 Goods that have been manufactured to customer specifications or are obviously tailored to the personal needs of the customer.
B.2 Goods that, due to their nature, are not suitable for a return, that are perishable or have exceeded their best-before-date (flowers, perishable foods etc.) Not excluded are wine, tea, coffee etc.
B.3 Audio or video recordings as well as software as soon as the seal of the data carrier has been broken by the user.
C. Rescission of contract
The contract is annulled with the exercise of right of return within the period stipulated. Contractual details already fulfilled are to be returned or repaid. Should you have applied for a loan together with the contract to finance wares or services, this also comes under the terms of right of return. Payments already made will be repaid to you by cheque.
D. Return shipments
In the case of a return please return goods to the following address:
Please affix sufficient postage as the surcharge can otherwise cause higher costs. Should your return fulfil all necessary requirements, your postage will be reimbursed. Your legal rights remain unaffected.
8.1 The purchase price is due immediately should no other arrangements have been agreed upon.
8.2 The user is automatically in arrears by default if payment has not been made within 30 days of receipt of invoice. In the case of regular payments, the user is in arrears, without reminder, if the agreed-to date of payment is passed.
8.4 If payment is delayed, the legal interest on arrears will be imposed. Users who have already paid in advance are exempt from this regulation.
8.5 The customer can only practise right of retention if his or her counterclaim is based on the same contractual relationship
9. Reservation of ownership
The supplied goods remain the property of the supplier until the purchase price has been paid in full independently of the revocation deadline.
10.1 Warranty is based on legal stipulations in accordance with the following regulations.
10.2 The user agrees to examine the goods for defects immediately upon receipt. Should an obvious defect be ascertained it must be reported to the supplier immediately. If this is not done, no later claims for liability can be made against the supplier for this defect.
10.3 The supplier is not liable for defects are the fault of the user. This is particularly so for erroneous or erroneously transmitted birth data (date of birth, place of birth, time of birth) which could lead to a faulty computation of the book.
10.4 Should the goods be defective, the supplier has the choice of resending the goods or remedying the defect. If the resent goods are also defective and remedying is also unsuccessful, the user can return the goods and demand return of payment or accept a reduction in the purchase price.
11.1. The supplier is unconditionally liable for the intent and gross negligence of his employees, legal representatives and managerial employees. This is also true of warranted characteristics.
11.2 There is no warranty of qualities for goods or services. The description of the goods and services does not constitute a warranty of qualities.
11.3 The supplier is liable for ordinary negligence only should an essential contractual obligation necessary for the contract objective and fulfilment of the objective of the contract have been breached (cardinal obligation).
11.4 Claims pertaining to culpa in contrahendo/positive breach of contract are barred within two years, irrespective of the aforementioned regulation.
11.5 The product liability act remains unaffected.
11.6 The aforementioned regulations are also valid for vicarious agents of the supplier.
12. Continuous obligations, termination
12.1 If the parties to the contract have agreed to a subject of contract for recurrent services or another continuous obligation, the customer has the right to terminate the contract after six months with a period of notice of one month to the end of the following month.
12.2 The right of the customer to terminate the contract for an important reason without notice at any time remains unaffected by the regulation in paragraph 1. An important reason is cited particularly when one of the parties to the contract is guilty of a sustained breach of contractual obligations and a continuation of the contractual agreement becomes therefore unacceptable. The termination without notice must be preceded by two written demands calling for observance of the contractual obligations.
13. Applicable law
This contract shall be covered by German law with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14. Deviation from terms on the part of the customer
Should the customer use general terms and conditions which deviate from these general terms and conditions with regard to content, only the general terms and conditions of the supplier are valid.
As of: January 1, 2006