General Terms and Conditions for Books and Shop
§ 1 Scope of Validity
The General Terms and Conditions
version valid at the time of order placement applies exclusively to the business
relationship between Robert Oppeneder (sweetART.de) and the customer. Robert
Oppeneder (sweetART.de) does not accept the validity of any deviating customer
conditions unless Robert Oppeneder (sweetART.de) has expressly agreed to the
validity of these in writing.
§ 2 Conclusion of Contract and Withdrawal
Oppeneder (sweetART.de) hereby undertakes to accept the order of the customer to
the conditions of the Web site. In the event of spelling, printing and
calculating errors on the Web site Robert Oppeneder (sweetART.de) is entitled to
withdraw from the agreement.
Should the supplier of Robert Oppeneder
(sweetART.de), in spite of contractual obligations, not deliver the ordered
goods to Robert Oppeneder (sweetART.de), Robert Oppeneder (sweetART.de) is also
entitled to withdraw from the agreement. In this case the customer will be
informed immediately that the ordered product is not available. The paid
purchasing price will be reimbursed immediately.
§ 3 Delivery
If no other terms have been specified,
the goods will be delivered ex warehouse to the delivery address stated by the
customer. Stated delivery times are not binding unless a binding delivery date
has been given in writing in exceptional cases.
We have a minimum order of
25,00EUR. When the good ordered are less than this amount, an extra charge ist
added to reach the minimum order total of 25,00EUR.
§ 4 Course Registration
Should the course selected by
the customer already be fully booked and if the customer has already paid the
advance payment, the customer shall be informed immediately by Robert Oppeneder
(sweetART.de) and the advance payment immediately reimbursed. Cancellation of
registration for a course and reimbursement of the advance payment is only
possible in writing within ten days of registration. If the customer registers
for the course and fails to attend, the full course fee will become payable and
invoiced to the customer. If the minimum number of attendees is not reached,
Robert Oppeneder (sweetART.de) is entitled to cancel a course at any time.
§ 5 Due Date and Payment, Default
The purchasing price
is due immediately upon order placement. The customer can make payment by credit
card or direct debit. If a customer fails to make due payment, Robert Oppeneder
(sweetART.de) is entitled to demand eight per cent interest on the due sum. If
Robert Oppeneder (sweetART.de) can provide evidence of greater losses arising
from payment arrears, Robert Oppeneder (sweetART.de) is entitled to claim for
§ 6 Offsetting, Retention
The customer is only
entitled to offset arrears if his counterclaim has been legally established or
recognised by Robert Oppeneder (sweetART.de). In addition he is only entitled to
assert the right of retention if the counter- claim is based on the same
§ 7 Retention of Title
The delivered goods remain the
property of Robert Oppeneder (sweetART.de) until the payment due from the
customer has been made in full.
§ 8 Warranty for Defects and Liability
purchased goods have any fault for which Robert Oppeneder (sweetART.de) is
responsible, the customer can opt for either reparation of the defect or
replacement delivery. If Robert Oppeneder (sweetART.de), due to disproportion,
is not prepared or in a position to remedy the defect or replace the faulty
goods or if this is delayed for unreasonable periods for which Robert Oppeneder
(sweetART.de) is responsible, or if the remedy of defect or replacement fails in
any other way, the customer is entitled as desired to either withdraw from the
contract, demand a corresponding reduction in price or claim for
Should nothing to the contrary be included in the following, any
other claims of the customer -- irrespective of the legal basis -- are excluded.
Robert Oppeneder (sweetART.de) therefore does not accept liability for damage
which has not occurred on the delivered product itself; in particular Robert
Oppeneder (sweetART.de) does not accept any liability for lost profit or other
financial loss of the customer. If the liability of Robert Oppeneder
(sweetART.de) is excluded or restricted, this also applies to the personal
liability of employees, representatives or agents.
This previous restriction
on liability does not apply if the cause of the damage is due to intent or gross
negligence or if personal injury is incurred. Furthermore it does not apply when
the customer makes claims in accordance with Articles 1 and 4 of the Product
Liability Act, claims arising from the lack of a warranted characteristic or
claims for damages for non-performance in accordance with Articles 463, 480
paragraph 2 of the German Civil Code .
If Robert Oppeneder
(sweetART.de) negligently violates a contractual obligation, the replacement
obligation for material damage is limited to the damage which typically occurs.
The warranty period is two years, starting upon delivery. This period is a
limitation period and also applies to claims for reparation of consequential
harm caused by a defect, unless claims for tortious acts are asserted.
§ 9 Data Protection
We store personal data for order handling purposes. These data are not passed on to third parties. Robert
Oppeneder (sweetART.de) is, however, entitled to use these address data for promotional purposes for his own company.
§ 10 Court of Jurisdiction and Applicable Law
Place of performance and court of jurisdiction for all rights and obligations of both
parties arising from an order or course registration is Munich, Germany. German
law shall apply to the exclusion of the UN Sales Law.
General Terms and Conditions for the Magazine
Monthly, sale of magazine only with
yearly subscription (payable in advance) with 12 issues.
|For Germany: ||Euro 74.00 (incl. seven per cent VAT)|
|In Europe:||Euro 84.00 (CHF 135.00) incl. seven per cent VAT|
subscription may be cancelled in writing to the editors office six weeks before
the end of the current period of subscription.
In the event of
non-publication due to force majeur or operational faults not caused by the
publisher, the subscriber does not have any right to claim delivery of the
magazine or repayment of the subscription money.
Court of jurisdiction and
place of performance for all rights and obligations of both parties is Munich,
Germany. Reproduction, either wholly or in part, microfilming or other
electronic processes is only possible with the permission of the publisher. This
also applies if the source is quoted.