General terms and conditions
The contractual partner within the framework of the following general terms and conditions is Edition Maitri, Doris Schang, Angelhofweg 60, 69259 Wilhelmsfeld (hereinafter referred to as “Edition Maitri”) and the customer.
For the business relationship between “Edition Maitri” and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Edition Maitri does not recognize deviating conditions of the customer unless Edition Maitri has expressly agreed to their validity in writing. This does not apply to verbal agreements made subsequently. The general terms and conditions in their current version at the time of the order also apply to future orders, even if they are not expressly agreed again.
§1 General / Description of the service
The customer can purchase books through the shop (hereinafter referred to as “goods”). The goods can be selected by the customer in the shop, added to the shopping cart and then purchased. The goods are sent by post. The following general terms and conditions apply to the entire business relationship with the customer. The customer recognizes them as binding for the present contract. The customer agrees to use electronic communication for contractual purposes, e.g. in the form of e-mails to be received from us and the customer also agrees that the electronic communication ensures that the form for all consents and notifications is maintained, unless mandatory statutory provisions prescribe a different form. The customer waives the right to assert his own purchasing conditions. These do not become part of the contract through our silence or our delivery. All correspondence with us must be processed via the address given in the legal notice on the homepage.
§ 2 Conclusion of the contract
The representations on our website are to be understood as an invitation to submit offers by ordering, i.e. the order is the offer to us to buy the selected goods from us. A purchase contract is only concluded through our express acceptance of such an offer by the customer. By clicking the “BUY NOW” button in the last step of the ordering process, the customer makes a binding offer to purchase the goods in the shopping cart. The seller confirms receipt of the order to the customer exclusively by e-mail to the address entered in the order process or stored in the customer account. The payment process can either be made by bank transfer / advance payment or via external online payment service providers (PayPal). For the services of external payment service providers, the terms and conditions of the respective provider apply, which can be accessed on the homepage of the respective provider. The prerequisite for a successful purchase is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the “Pay now” button (or equivalent) on the payment service provider’s website after logging in or entering their personal data. Purchased goods are sent to the customer by post after receipt of payment. In the case of payment in advance / bank transfer, the dispatch takes place after receipt of payment.
§ 3 Prices, Due Date and Payment, Default
Our prices are in euros (€ / EUR), the prices quoted in the shop are final prices plus shipping costs. The purchase price is due immediately for the payment method Bank transfer / prepayment and PayPal. When paying by invoice, the purchase price is due within 14 days. If the buyer is in default of payment, we are entitled to demand default interest of 5% above the base rate announced by the European Central Bank per annum. Should we have suffered higher damage caused by delay, we are entitled to assert this. If the buyer is in default with the payment of a delivery, we can hold back further deliveries without being in default. An explicit assertion of our right of retention is not required. For the timeliness of the payment, it is not the dispatch, but the date of receipt of the payment by us or the crediting of the payment at the paying agent specified by us that is decisive. Payments by bank transfer / advance payment must be made within 3-5 working days, otherwise the order can be canceled.
§ 4 Shipping
There are shipping costs for our goods. You can see the amount of the shipping costs here.
§ 5 Revocation
The buyer has a statutory right of withdrawal in accordance with § 312g BGB if he is a consumer, since the purchase of goods on the Internet, as in the present case, is a so-called distance contract. With regard to the right of cancellation and its consequences, a separate cancellation policy will be issued and transmitted in text form when the order is placed.
Right of withdrawal
You have the right to cancel the contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or by email). Your declaration should be sent to:
69259 Wilhelmsfeld, Germany
E-mail: info at edition-maitri.de
To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
E-mail: info at edition-maitri.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
Consequences of cancellation
If you cancel the contract, we have to reimburse you for all payments minus the shipping costs that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
End of cancellation policy
§ 6 Rights of use
Our goods are copyright protected material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) in its respective version. All rights of the authors to the protected works are reserved.
§ 7 Retention of title
Delivered goods remain our property until they have been paid for in full. Insurance and compensation claims that the buyer acquires due to loss or damage to the goods are hereby assigned to us. If the buyer is in default, he has to grant us access to the goods in his possession at our request, to send us a detailed list of the goods and to surrender the goods to us.
§ 8 Legal responsibility
Insofar as the customer makes use of the shop’s services using access data, the customer is responsible for keeping them safe and safe from third-party access and is liable for any action taken with their access data (including payment). If the customer suspects that unauthorized third parties have gained knowledge of this, the personal password must be changed immediately and the seller informed. The customer undertakes not to use a collective email address used by multiple users. The customer is directly liable for violations of third party rights for which he is responsible. In the case of justified third-party claims, the customer is obliged to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of willful intent or gross negligence, the seller is fully liable for all damage resulting therefrom. Insofar as the attributable breach of duty by the seller is due to simple negligence and an essential contractual obligation has been culpably breached, the seller’s liability is limited to typical, comparable damage that occurs in comparable cases. For loss of data for which the shop is responsible or consequential damage caused by a defect, the seller is only liable for damage that can be traced back to data lost up to the last data backup of the customer, or up to the previous point in time at which the data backup should have been carried out. Liability for all damage, in particular loss of data and hardware malfunctions at the customer’s, caused by incompatibility of the hardware and software used by the customer with the seller’s shop system and for system malfunctions caused by previously existing configuration defects or old, unusable, not completely removed drivers, Data or data fragments are excluded.
§ 9 Banning
The seller reserves the right to block the customer account in the event of abuse, breach of contractual obligations and obligations as well as default in payment and not to allow new registrations.
§ 10 Right of withdrawal
We can withdraw from the contract if it turns out after the conclusion of the contract that we have specified prices that are below our actual purchase prices and that we are not responsible for this fact because incorrect information has led to this. We can also withdraw from the contract if it turns out after the conclusion of the contract that we have specified prices for which we are not responsible because software errors have led to this. Our rights of avoidance due to errors remain unaffected by the rights of withdrawal described above. In the event of the aforementioned circumstances, the customer will be informed immediately and the purchase price paid will be reimbursed immediately.
§ 11 Liability for defects
With regard to defects in the purchased item, the buyer is entitled to the statutory claims from the German Civil Code. If there is a defect in the purchased item, the customer can initially request supplementary performance = delivery of a defect-free purchased item. The defective purchase item delivered first must be documented by the buyer and reported to the seller in writing (e.g. by email). If the subsequent performance fails, the customer can choose to either reduce the purchase price according to the defect or withdraw from the contract entirely. If the delivered product has obvious material defects, the buyer must notify us of these defects at the latest within fourteen days after receipt of the product, specifying the defects and referring to the order number. The relevant point in time for compliance with this notification period is not receipt by us, but the postmark or the date on which the notification of defects was sent. A deficiency is always obvious when it is noticed without special attention. The delayed notification of such obvious defects leads to the loss of warranty rights with regard to such defects. For defects that are not obvious, however, the statutory limitation periods apply. If the buyer is a merchant i.S.d. HGB, the special obligation to notify in commercial transactions according to §§ 377, 378 HGB remains unaffected.
§ 12 Withholding and offsetting
The buyer can only assert a right of retention if it is based on the same contractual relationship. He is only entitled to offset if we do not dispute the counterclaim or if it has been legally established. If the buyer is a merchant i.S.d. HGB, his rights of retention are excluded.
§ 13 Foreign business
All agreements with us are subject to German law. The provisions of the United Nations Convention on International Sales Contracts do not apply.
§ 14 Guarantee
The statutory warranty regulations apply.
§ 15 Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in dispute settlement proceedings before a consumer arbitration board.
§ 16 Effectiveness
The ineffectiveness of one or more clauses of these general terms and conditions does not affect the effectiveness of the rest of the contract. Instead of the ineffective regulation, the legal regulations come into force.
§ 17 Place of performance, place of jurisdiction
The place of performance for all rights and obligations from the business relationship is determined by the statutory provisions. If the customer is a merchant i.S.d. HGB, the exclusive jurisdiction of the court at our headquarters is agreed for all disputes arising from the contract. Our right to assert our claims at another place of jurisdiction remains unaffected in relation to business people. We can also assert our claims against a customer who is not a merchant if he has no general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or usual place of residence out of this area after conclusion of the contract Residence or habitual abode is not known at the time of the judicial assertion of the claim.