General terms and conditions for the tredition SHOP

These contractual terms and conditions apply to all contracts concluded between tredition GmbH, Halenreie 40-44, 22359 Hamburg (hereinafter referred to as the "supplier" or "we") and our customers (hereinafter referred to as the "customer" or "you") exclusively using means of distance communication (i.e. e.g. via the Internet or by telephone) in our online shop for the purchase of physical products (in particular books) or rights of use for downloads (e-books).

§ 1 Scope of application, definitions

(1) For the business relationship within the scope of these GTC (see introduction) between us and you, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions and contract offers on your part are hereby contradicted.

(2) You are a consumer if the purpose of the legal transaction cannot be attributed predominantly to your commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) You can select products from our range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "Order now with obligation to pay" you submit a binding application to purchase the goods in the shopping cart.

(2) Before submitting your order, you can change and view the data you have entered at any time and correct any input errors. However, your application can only be submitted and transmitted if you have accepted these General Terms and Conditions during the ordering process and have thereby included them in your application.

(3) We will then send you an automatic confirmation of receipt by e-mail in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application.

The contract is concluded only by the submission of the declaration of acceptance by us, which is sent with a separate e-mail. The issuing of an invoice to you for the goods ordered by you replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If there are several of the aforementioned acceptance variants, the contract is concluded when the first event occurs. In any case, you will receive a contract confirmation in text form in accordance with the statutory provisions.

If you have not received a declaration of acceptance, invoice or notification of delivery or no goods within 5 days, you are no longer bound to your order. In this case, we will immediately reimburse you for any services already rendered.

(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by you. Unless expressly stated otherwise in the respective offer, designs and prices refer to the respective articles offered, but not to any accessories or decorations shown.

The presentation of our products and the information provided on them serve exclusively to describe the performance and do not constitute a guarantee of quality.

(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier fails to fulfil its contractual obligations towards us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only exist if we have concluded a congruent covering transaction with the supplier concerned (binding, timely and sufficient order of the goods) and are not otherwise responsible for the non-delivery. In such a case we will inform the customer immediately that the ordered goods are not available. We will immediately refund any consideration already paid by the customer.

(6) The contractual language is German.

(7) Order processing and contact within the scope of contract processing are usually carried out by e-mail. You must therefore ensure that the e-mail address you provide for order processing is correct and that no settings or filtering devices prevent you from receiving contract-related e-mails.

(8) Insofar as a delivery time is stated in our offers, this delivery time and the respective information given for the calculation of the delivery time shall have priority. If no or no deviating delivery time is indicated for the respective goods in our online shop, it shall be 10 days. This period for delivery begins with payment in advance on the day after issuing the payment order to the remitting bank or with other payment methods on the day after conclusion of the contract to run and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.

§ 3 Digital products

    1. (1)If our service consists of the provision of a digital product (downloads such as e-books), our contractual obligation is fulfilled with the contractual provision of the content for complete download by you. Our services include a renewed provision of digital content only as a voluntary additional service, to which we are not obliged. You are responsible for backing up the files of the content you have purchased. You can only access the files of the digital content to which you have acquired rights of use in electronic form. Further claims, in particular for the provision of additional copies or data carriers, do not exist.
    2. (2)You acquire a simple, non-exclusive, non-transferable right to use the respective work for your own purposes. You receive the right to use the content, but do not acquire ownership. Any further use by you, in particular complete or partial reproduction, distribution, making available to the public or processing or use for further commercial purposes (e.g. as lecture material) requires an express additional grant of rights. The transfer of rights of use as well as sublicensing require the separate and express consent of the rights holder.
    3. (3) You are obliged to exercise the rights of use acquired in each case only to the extent permitted in each case. We draw your attention to the fact that any use not covered by the respective grant of rights may give rise to claims for injunctive relief, information and damages on the part of the holder of the rights. Copyright notices may not be removed.
    4. (4) All grants of rights of use are only effective if you have paid the agreed remuneration and expire in the event of a reversal of the contract on the acquisition of rights. In this case, you must immediately delete any copies of the respective content remaining with you.
    5. (5)We provide digital products with the technical properties specified in the product description. Contractual performance for digital products is - irrespective of the fulfilment of the respective agreed technical requirements - not the usability/readability with certain end devices as well as the compatibility with certain software versions.
    6. (6)Digital products can be provided with a so-called digital watermark. By means of a marking, the file can be assigned to the respective acquisition of rights and to you as the customer entitled to use it.
 

§ 4 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include shipping costs.

(2) The corresponding shipping costs will be stated to you before the conclusion of the contract and are to be borne by you, unless free shipping has been agreed upon.

(3) The delivered goods shall remain our property until all claims arising from the contract have been fulfilled; in the event that you are a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which we are entitled have been settled.

§ 5 Payment

(1) You can make the payment according to the payment methods provided in the respective offer.

(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed method of payment provides otherwise.

(3) You must ensure that there are sufficient funds in your account. In the event of return debit notes caused by insufficient funds, you are obliged to reimburse us for the resulting damage.

(4) Your obligation to pay default interest does not preclude the assertion of further claims for damages caused by default.

(5) You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§ 6 Transfer of risk

(1) With respect to consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to you by law only upon delivery of the object of purchase to you.

(2) Only if you act as an entrepreneur, the following applies: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods shall pass to you at the latest upon handover. However, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to you upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

(3) If you are in default of acceptance, if you fail to cooperate or if our delivery is delayed for other reasons for which you are responsible, we shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage and transport costs).

§ 7 Warranty for material defects, guarantee

(1) Claims for defects concerning used goods delivered by us shall become statute-barred one year after handover to you. In relation to entrepreneurs, the limitation period for defect claims for items delivered by us is 1 year and the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects. We are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.

(2) Our liability in accordance with § 8 of these General Terms and Conditions, in particular for claims for damages on your part arising from injury to life, limb or health or from the breach of essential contractual obligations (see the following § 8), for damages in accordance with the Product Liability Act and for any guarantees assumed, shall remain unaffected by the restrictions of the above paragraph 1. The statutory limitation periods for the right of recourse according to § 478 BGB for entrepreneurs and our liability in the event of fraudulent concealment of a defect shall also remain unaffected.

(3) Claims for defects by merchants presuppose that they have fulfilled their statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB).

(4) A quality or durability guarantee (§ 443 BGB) on our part shall only exist for the goods delivered by us if this has been expressly offered and agreed by us. Any manufacturer's guarantees shall remain unaffected.

(5) You can submit any complaints and warranty claims at the address given in the provider identification.

§ 8 Liability

(1) Claims for damages on your part are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract as well as those on whose compliance you as a contractual partner may regularly rely. In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages on your part arising from injury to life, limb or health.

(2) The restrictions of the above paragraph 1 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them as well as mutatis mutandis for claims for reimbursement of expenses.

(3) The provisions of the Product Liability Act and our liability for any guarantees assumed shall remain unaffected.

§ 9 Right of withdrawal

Consumers are entitled to a statutory right of withdrawal. You will receive a revocation instruction according to the legal provisions separately in text form.

§ 10 Contract text

The contract text will not be stored by us and can no longer be retrieved after completion of the ordering process. You can print out these terms and conditions and the order data before submitting your order and receive a contract confirmation in accordance with the statutory provisions.

§ 11 Out-of-court dispute resolution/consumer dispute resolution

(1) The European Union has established an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. You can find the platform at https://ec.europa.eu/consumers/odr.

(2) As a matter of principle, we are not willing and also not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office.

(3) The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.

© The contents of our Internet pages are largely protected by copyright or other intellectual property rights. Copying, downloading, disseminating and distributing as well as storing this content, with the exception of caching (temporary storage for the purpose of display in the Internet browser) within the scope of visiting our Internet pages, is not permitted without the consent of the respective rights holder. An exception applies to content that is expressly intended for downloading. In this case, the right of use is limited to use for personal purposes. Any further duplication, publication, dissemination, making available to the public or other exploitation requires the consent of the respective rightholder.

Status: 01.11.2021


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Right of withdrawal for physical products (books)

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.

To exercise your right of withdrawal, you must contact us (tredition GmbH, Halenreie 40-44, 22359 Hamburg, e-mail: cancel@tredition.comPhone: +49 40 2848425-0, by means of a clear declaration by e-mail of your decision to revoke this contract. You can also download the model withdrawal form or another clear declaration from our website at tredition.com/cancel electronically and transmit it. If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) about the receipt of such a revocation. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods. You can only return the goods free of charge using a return label provided by us. You will receive a link to the return label by e-mail after your cancellation. Otherwise you have to pay the return costs. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Right of withdrawal for digital content (e-books, downloads) and services

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (tredition GmbH, Halenreie 40-44, 22359 Hamburg, e-mail: cancel@tredition.com, phone: +49 40 2848425-0, by means of a clear declaration by e-mail of your decision to revoke this contract. You can also download the model withdrawal form or another clear declaration on our website tredition.com/cancel electronically and transmit it. If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) about the receipt of such a revocation. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

 

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Please note:

The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a tangible data carrier if we have started the execution of the contract after you have expressly agreed that we start the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by your agreement with the start of the execution of the contract.

The right of withdrawal does not apply to distance contracts

  • which we conclude with entrepreneurs in the sense of § 14 BGB (German Civil Code)
  • for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature
  • for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
  • for the supply of newspapers, periodicals or magazines with the exception of subscription contracts
  • for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive (e.g. your own copy or test print orders of the book types of your book projects as well as individual copies produced according to your wishes) or which are otherwise clearly tailored to the personal needs of you.