Terms and conditions & power of revocation
The English version of the terms and conditions is a translation from the German. The German version shall be binding in the event of a dispute.
1 Conclusion of contract and subject matter of the contract
1.1 Our deliveries, performances, offers and all contracts are provided exclusively on the basis of these terms and conditions, as amended. You have the possibility to conclude the sales contract in German or English. Differing terms, in particular general terms and conditions of contractual partners, shall only be effective if Verlag Müller & Schindler e.K. (in German: e.K – eingetragener Kaufmann = „registered merchant“) (hereinafter also referred to „Müller & Schindler“ or „publisher“) explicitly and in writing has confirmed them by signature before the conclusion of the contract. Müller & Schindler is not obligated to explicitly object to contractual forms or general terms and conditions of contracting partners, even if these general terms and conditions state that their validity is an express condition for the business transaction. Müller & Schindler expressly declares that it solely wants to contract on the basis of these terms and conditions. These terms and conditions shall apply to business relations, which are conveyed and concluded by, through Müller & Schindler authorized, sales representatives.
1.2 The presentation of the products on the website www.muellerundschindler.de or in the catalogue does not constitute a legally binding offer. An order takes place by the client by email, fax or mail. The confirmation of receipt of the order takes place together with the acceptance of the order immediately after receipt of the order by sending an email or a written order confirmation. With this order confirmation by email or in written form, a purchase agreement has come into existence. The publisher can decide at any time to accept or reject orders/offers.
1.3 To make an offer the following steps must be carried out by the client:
– selection of requested product;
– indication of billing- and shipping address;
– selection of preferred method of payment;
– summary of the order details;
– sending the order.
The acceptance by us is provided in accordance with clause 1.2 (see above).
1.4 When submitting an offer we save the contract text and after sending the order we provide the client with the terms and conditions in written (e.g.: by email, fax or mail), in case the client is a consumer according to § 13 BGB (German Civil Code). In case the client is an entrepreneur according to § 14 BGB (German Civil Code) we refer to our terms and conditions by a link, leading to our terms and conditions on our website.
The payment to be made by the customer results from the current price list. The price list is sent on request to the client by mail, fax or email, or is communicated orally by phone. The prices quoted are total prices, which contain the value added tax. Delivery and handling costs are not included. The publisher explicitly reserves the right to make changes regarding given prices in catalogues, brochures, price lists and on the website. We guarantee the mentioned prices to the client, if not stated otherwise, until the date stated in each case. The purchase price is due immediately with the order, gross and without deduction of any discounted payment.
3 Payment method, shipping costs and default of payment
The goods are shipped once the payment is received, unless it has been decided to ship the goods in advance prior to payment. For deliveries abroad, prepayment is always required. We communicate our bank details to the client after the conclusion of the contract in written. Once the invoice amount has been credited to the notified account, we arrange for shipment of the purchased goods. We inform the client about the receipt of payment as well as about the handling over to the shipping service by email. Further we accept the payment method COD (cash on delivery), where the total amount is payable directly to the contracted shipping agent once the package is delivered.
In the case of direct debit payment the total amount payable is debited from the by the client indicated account by us. If the direct debit is cancelled or a missing coverage of the account is the case we will charge a surcharge of at least 20 EUR to the customer due to the arising of repayment load (currently 10 EUR) and due to additional costs beard by us. Regardless of this we are entitled to withdraw from the sales contract.
The delivery takes place once we have received the payment or once we receive a communication by the payment service that the money dispatch took place.
We reserve the right, depending on every individual case, to accept or reject further payment methods, especially by clients from abroad and international deliveries. Further we reserve the right, depending on the individual case, to accept only some of the previously mentioned payment methods.
In the event of default of payment the buyer is obliged to pay default interests of 5% points above the base interest rate (in case the buyer is an entrepreneur according to § 14 of the German Civil Code (BGB – Bundesgesetzbuch) the buyer is obliged to pay default interests of 9% points above the base interest rate) of the total amount in arrears. Further the first and second reminder each results in fees of 5 EUR gross. The buyer is allowed to prove a lesser damage.
4 Purchase procedures
After receipt of the order, the customer receives an e-mail or order confirmation with all data required for the execution of the contract. If this e-mail or order confirmation is missing, he/she informs us, so that the delivery of the transaction-relevant e-mail or order confirmation can be ensured or made as quickly as possible.
5 Co-operation and/or participation of the customer
The customer should ensure that his personal data for the fulfilment of the contract, in particular the reachable e-mail address and the delivery address, deposited with the order and communicated upon conclusion of the contract are correct. The customer must also ensure that the e-mail reception at the e-mail address specified by him is technically possible and not prevented by e.g. forwarding, decommissioning or capacity overrun.
6 Retention of title
The delivered goods remain the property of the publisher until full payment of all claims arising from the business relationship between Müller & Schindler and the buyer. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted. Commercial customers may resell the goods in the ordinary course of business. For this case, all claims in the amount of the total amount payable, which accrue to the customer from the resale, are already assigned to Müller & Schindler. Müller & Schindler accepts the assignment. The customer remains authorized to collect the claim. Insofar as the customer does not duly fulfil its payment obligations, Müller & Schindler reserves the right to collect claims itself.
7 Warranty claims
If the goods delivered by us show defects, the statutory warranty regulations apply. The customer can first request supplementary performance. If the supplementary performance fails, the customer is entitled to further warranty rights at his discretion. The customer should display the defects of the goods as detailed as possible. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following applies: We as the seller have the choice of the type of supplementary performance. Claims for defects expire one year from handover/delivery of the goods to the customer.
8 Right of withdrawal of the customer and of Müller & Schindler
Insofar as corresponding operational disturbances (for example, the ordered manuscript is out of stock) lead to the fact that we can not deliver the purchased goods within 14 days after receipt of payment, the customer is entitled to withdraw from the contract. Other, in particular legal rights of withdrawal, which the customer already has, remain unaffected.
In the case of typing, printing and calculation errors in the brochure and/or on the website, we reserve the right to withdraw from the contract.
9 Offsetting/ right of retention
Insofar as the buyer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), a set-off or assertion of a right of retention against claims of Müller & Schindler is not permitted to the buyer, unless these are undisputed or legally established claims.
10 Right of withdrawal of the customer
The customer is entitled to a right of withdrawal in accordance with section 16. The right of withdrawal acc. section 16, however, does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer or that are not suitable for return due to their nature (§ 312 g para. 2 no. 1 BGB; German Civil Code). Müller & Schindler explicitly states such individual or customer-made products as such in the order confirmation and/or in the contract.
Unless explicitly stated otherwise below, the following liability rules also apply to the liability of the publisher Müller & Schindler e.K. as well as for the legal representatives, employees and vicarious agents.
The following limitations of liability also apply in accordance to direct customer claims against legal representatives, employees and vicarious agents of the publisher Müller & Schindler e.K.
Müller & Schindler e.K. accepts liability
– in accordance with the statutory provisions to the extent required by mandatory statutory provisions (for example product liability law), for culpable injury to life, limb and health, as well as for intentional and grossly negligent damage.
– in the case of material and financial losses for slightly negligent violations of a cardinal obligation or a material contractual obligation for each damage-causing event to the contractually foreseeable damage. As a contractually foreseeable damage, a damage of at most 500, – EUR per individual case applies.
Besides, the liability of the publisher Müller & Schindler e.K. for property damage and financial losses is excluded.
Any contributory negligence of the customer is to be considered.
12 Guarantee circulation volume, numbered editions
12.1 The unique edition of facsimile editions is worldwide limited. Orders that are received after the derecognition of the unique and limited edition cannot be considered by Müller & Schindler.
12.2 The buyer has basically no right to the allocation of a certain edition number. The edition numbers are given freely by Müller & Schindler.
13 Applicable law and jurisdiction
13.1 All legal relationships of the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 If the contracting party is an entrepreneur according to § 14 BGB (German Civil Code), the place of jurisdiction and place of performance for all legal disputes is arising from the contract concluded between Müller & Schindler and the contracting party, Simbach am Inn. Müller & Schindler is also entitled to sue the customer at its headquarters. The contracting party must comply with the German price binding regulations in case of reselling.
14 Final provisions
Changes or additions to the closed purchase contract must be in writing. This also applies to the termination of the text form agreement itself. Collateral agreements do not exist.
15 Partial ineffectiveness
If individual provisions are invalid, the validity of the remaining provisions remains unaffected. Incidentally, the most recent version of the Distance Selling Act applies without restriction.
16 Power of revocation
Power of revocation for consumers
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes, which are predominantly neither commercial nor self-employed activities:
Information about rights of revocation
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
– when you or a third party named by you, other than the carrier, have or has taken possession of the goods, and if you have ordered one or more goods in a single order and the goods are delivered together at the same time;
– when you or a third party named by you, other than the carrier, have or has taken possession of the last goods, if you have ordered one or more goods in a single order and the goods are delivered separately;
– when you or a third party named by you, other than the carrier, have or has taken possession of the last partial consignment or piece, if you have ordered a product that is delivered in multiple consignments or pieces.
If more than one of the above alternatives exist, the period of revocation will not commence until you or a third party named by you who is not the carrier, have or has taken possession of the last goods or the last consignment or piece.
To exercise your right of withdrawal, you must notify us
Verlag Müller & Schindler e.K.
Proprietress Charlotte Kramer
D-84359 Simbach am Inn
Tel.: +49 (0)8571 926129
Fax.: +49 (0)8571 8533
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we have to refund all payments received from you, including the delivery costs (except for any additional costs arising from choosing a different delivery method than the most favourable standard delivery chosen by us) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same payment method as you used in the original transaction, unless otherwise expressly agreed with you; in no case any fees will be charged due to this repayment.
We may refuse repayment until we have received back the goods or until you have provided proof that you have returned the goods (whichever is the earlier).
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiration of fourteen days. You bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
End of the information about rights of revocation
17 Declaration of consent regarding data protection
17.1. The customer agrees that Müller & Schindler saves personal data, namely name, address, date of birth, telephone number, e-mail, profession, ordered products, delivery date, data on payment and customer status, for the purpose of sending advertising and being contacted by telephone in relation to the products and services offered by Müller & Schindler in the field of art and education as well as for customer service and the handling of future orders, as well as forwarding them to the responsible sales representative of Müller & Schindler. At the same time, the customer agrees to receive electronic and postal mailing of advertising material and to be contacted by telephone.
17.2. This declaration of consent can be revoked at any time in written to Verlag Müller & Schindler e.K., proprietress Charlotte Kramer, Innstraße 7, D-84359 Simbach am Inn.
17.3. Any further disclosure of customer data to third parties does not take place.
18 Information according to § 36 VSBG (consumer dispute resolution law)
We are neither committed nor willing to participate in dispute resolution procedures before consumer arbitration boards.