||Terms and Conditions
§ 1 Areas of Application and Validity
The business relationship existing between 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. and any customer who has placed an order (hereafter, the Customer) is governed by the following general conditions of trading in the version currently in force at the time the order is made.
Any conditions of the Customer deviating in any way from these will not be recognized by 6X6.COM EDITION BRAUS im Wachter Verlag GmbH., except in cases where 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. has expressly agreed in writing to their being applicable and valid in the matter in question.
§ 2 Conclusion of a Contract and Withdrawal Therefrom
6X6.COM EDITION BRAUS im Wachter Verlag GmbH. is obligated to accept and fulfil the order of the customer according to the conditions outlined on its website. In the event of inadvertent errors or miscalculations arising as a result of spelling, printing or arithmetical mistakes occurring on its website, 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. reserves the right to cancel an order.
This also applies when the shortage of available goods prohibits their delivery.
§ 3 Delivery
Unless otherwise agreed, delivery is made from the distribution centre to the delivery address specified by the Customer. Once the goods have left the distribution centre of 6X6.COM EDITION BRAUS im Wachter Verlag GmbH., delivery is at the Customer’s own risk, this also being the case when only a part of the order is being delivered. Any information given with respect to the delivery time is not of a binding nature.
§ 4 Date of Settlement and Payment, Arrears
Invoices for deliveries will be drawn up in Euros.
The purchase price is due without deductions upon receipt of goods. The Customer may pay the invoice by bank transfer or by advance payment; in the case of bookshops, payment may also be made via BAG. In the event of the Customer being in arrears of payment, the accounts department may demand interest on arrears at a rate 5% over the base annual interest rate specified by the German Bundesbank. In the event of such arrears demonstrably giving rise to more extensive damages or losses to 6X6.COM EDITION BRAUS im Wachter Verlag GmbH., 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. reserves the right to assert its claims accordingly.
§ 5 Offsetting, Reservation of Payment
The Customer is entitled to reserve payment only when his or her counterclaims have been legally recognized or have been accepted in writing by 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. Furthermore, the Customer is only entitled to exercise and implement his or her rights with respect to reservation of payment insofar as the counterclaim concerns the same contractual agreement.
§ 6 Reservation of Proprietary Rights
The delivered goods remain the property of 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. until all outstanding claims on the Customer have been settled in their entirety.
§ 7 Warranty for Defects and Liability
In the event of the purchased goods having a defect attributable to 6X6.COM EDITION BRAUS im Wachter Verlag GmbH., 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. itself has the right to decide whether to remedy the defect(s) in question or to replace the ordered goods. In the event of 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. being either unwilling or unable to provide a replacement, or of the ensuing delay being of an unreasonable duration for reasons attributable to 6X6.COM EDITION BRAUS im Wachter Verlag GmbH., or of the attempt to remedy the defect proving, for some other reason, to be inadequate or ineffective, the Customer has the option of withdrawing from the agreement or claiming an appropriate reduction in the purchase price. Insofar as nothing further transpires, the possibility of any further claims by the Customer – regardless of the legal grounds invoked – is expressly ruled out. Thus, 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. accepts no responsibility for losses or damages not arising on and affecting the delivered goods themselves; in particular, 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. accepts no liability for lost profits or other property damage affecting the Customer. Insofar as the liability of 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. is ruled out or restricted, the same applies to the personal liability of its employees, representatives and agents.
The above-mentioned limitations of liability are not valid in the event of the cause of damage or loss being attributable to intent or gross negligence. They also do not apply when the Customer makes claims on the basis of §§ 1.4 of the German Product Liability Regulations, claims concerning the absence of a warranted quality, or a claim for damages owing to non-fulfilment in the sense of §§ 463, 480 par. 2 of the German Bundesgesetzbuch. The same applies in the case of initial inability or attributable impossibility.
Insofar as, by its own negligence, 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. violates its substantial obligations, its liability to pay damages for losses or injury to persons or things is confined to those damages typically arising from this violation.
The warranty obligation amounts to 12 months, starting from the date of transfer of risk. This time span is a period of limitation and also applies to claims for replacement or compensation relating to consequential harm caused by a defect, insofar as no claims relating to unauthorized dealings are to be made.
It is, in general, the case that obvious defects, such as those resulting from damage during transport and suchlike, are to be reported in writing to 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. immediately upon delivery or, at the latest, within 7 working days of receipt of delivery, as 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. will otherwise be unable to assume full liability for the damages.
In the event of an exchange of goods, these are to be returned by means of the usual postal services.
§ 8 Data Protection
6X6.COM EDITION BRAUS im Wachter Verlag GmbH. guarantees the Customer that any data relating to his or her person which may be required for the processing of his or her order will be treated as confidential, this also applying to data that may be stored in some form or other. 6X6.COM EDITION BRAUS im Wachter Verlag GmbH. would wish to point out that it will collect, store, process and use such data as may be acquired in connection with an order only as far as these are necessary for the processing of an order in accordance with existing regulations.
The collection, processing and use of data relating to the person of the Customer exceeding those data needful for the carrying out and processing of an order require the express permission of the Customer.
§ 9 Applicable Jurisdiction and Place of Jurisdiction
All legal matters relating to trading and transactions governed by the above come under the jurisdiction of German law with the exemption of UN sales law. The place of jurisdiction is Heidelberg, Germany.
In the event of one or more of these general conditions of trading being null and void, the effectiveness of the remaining parts is in no way affected.