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General terms and conditions

 

The contract language is German 

 

§ 1 Area of operations

The following conditions apply exclusively to all offers, deliveries and services of the company EM ebook. Special agreements and accessory agreements are only valid if confirmed in writing by the company EM ebook. Otherwise these general terms and conditions apply.

§ 2 Offers, prices, placing of orders, contract formation, European VAT ID

All offers by the company EM ebook on web sites, brochures, advertisements and the likes are subject to confirmation. A contract will only result after receiving a confirmation (by e-mail or fax) or a delivery of the company EM ebook. If not stated otherwise the customer is bound to the order for 30 days. All prices stated on the web sites include taxes and other price components. Deliveries going abroad will take place without VAT for customers in the EU who communicated their VAT ID, customers who DID NOT communicate their VAT ID will be invoiced with the German VAT! Due to automated billing it is not possible for EM ebook to change invoices subsequently for any European VAT ID information handed in with delay!

§ 3 Delivery, part-delivery, transfer of risk

The delivery of products usually takes place within 30 days, in case of advance payment immediately after credit entry of the invoice total on our bank account. In case articles are out of stock the vendors reserve the right to cancel the contract. Declarations of the delivery date on the part of the company EM ebook are non-committal and express a nonbinding estimate only. In case of non-compliance with the appointed delivery time due to act of nature beyond control, labor dispute, fire, machinery breakdown, unforeseen obstacles or other circumstances beyond the responsibility of the company EM ebook, the delivery time will be prolonged according to the duration of the circumstances. These conditions also apply if the company EM ebook already is in a state of default in delivery at the occurrence of the preceding circumstances. The customer has the right to step back from the contract in case of default in delivery by the company EM ebook after setting an adequate final deadline. The company EM ebook has the right to carry out a delivery or part-delivery any time. The company EM ebook can bill part-deliveries straight away. By handing over the delivery to a carrier, the company EM ebook is exempted from the duty to perform. These conditions apply for part-deliveries as well. The transport of the order takes place at the buyer’s risk and costs. The company EM ebook determines the carrier with exemption from liability for choosing the cheapest and fastest mode of shipment. The risk passes over to the buyer the moment the delivery is handed over to the carrier even in case of part-deliveries or in case the company EM ebook took over additional services e.g. costs of transport. In case a consignment of goods or other parts is delivered to us the particular sender holds the risk of transportation until the arrival as well as all costs of transport. This does not apply in case of return consignment within the granted right of rescission.

§ 4 Delivery contents and rights of use

The delivery of the ordered products takes place in form of a CD ROM (delivery product) or in form of a download. The buyer accepts copyright and warranty terms by entering the general license or the license assigned for him. The use of the ebook is bound to a special license contract. Passing it on in any form (even in parts) to third party is prohibited. Using the product requires paying the full purchase price. Copies can be made for personal back up only. Passing on the purchased license numbers to third party is liable to prosecution according to the applicable law.

§ 5 Right of rescission According

to § 361 A of the German BGB the buyer as a consumer has the right of rescission. The rescission deadline begins with the day of the product arrival respectively in case of periodical deliveries of congeneric goods on the day of the delivery of the first part and in case of services on the day of the contract formation. The rescission deadline consists of 2 weeks and needs no explanation. To keep the deadline it is enough to send it off in time to the company EM ebook, Kaiserbichl 21, 83627 Warngau, Germany.

Exclusion of the right of rescission

If the delivery consists of licenses the contract can only be receded in case the buyer can proof legally that he did not read, copy or save the delivered license number/s yet in any other form.

Which means that the right of rescission regarding download articles expires just after the successful download and regarding delivered products with the opening of the invoice containing the license numbers. By opening a shrink wrapped CD the right of rescission expires immediately.

§ 6 Payment, default in payment Payments

have to be made through one of the payment methods offered in the shop! Payments have to be transferred to the stated bank account of the company EM ebook without costs or fees. If the buyer defaults with his payment the products will not be delivered.

§ 7 Retention of proprietary rights

The company EM ebook reserves the absolute ownership of the delivered goods until the payment of all principal and incidental claims is completed. If the buyer acts contrary to the contract the seller has the right to take back the reserved goods on his own expenses. This means no cancellation of the contract. The buyer is not allowed to dispose of the reserved goods.

§ 8 Liability and limitation of liability

The company EM ebooks is liable for the usability of the products. An insignificant reduction if the usability remains out of consideration unless the company EM ebook acted deliberately or with gross negligence. For obvious defects applies within commercial businesses additionally §§ 377, 387 of the German HGB. The legal deadline of warranty deed is 6 months. Further liability claims by the buyer, no matter for which legal cause, are explicitly excluded. The company EM ebooks is particularly not liable for loss of data, damages of data mediums or other applications, interruptions of operation or other incidents. Preceding limitation of liability does not exist if the liability can be traced back to deliberate acts or gross negligence.

§ 9 Place of implementation and jurisdiction

The place of implementation for all claims regarding the contract closed by the buyer and the seller is Miesbach. In case the orderer is a merchant according to the German HGB or is not a German resident Munich is the excluding place of jurisdiction.

§ 10 Applicable law The law of the Federal Republic of Germany applies.

The application of the standardized Contracts of the international sale of goods is excluded. Changes of/or additions to the regulations of these terms and conditions need to be in writing and according to the agreement of the sale contract to be effective. Oral or written accessory agreements only bind the seller after a written confirmation. In case one or several regulations of these general terms and conditions are ineffective it does not influence the effectiveness of the remaining terms and conditions. § 11 Money back guarantee (concerning „Der ultimative EIB Schnellkurs“) To make use of a possible money back guarantee the buyer has to proof in writing that in spite of intense studying of the beginner’s course on the CD he is 1. not able to use the ETS 3 software (basis functions) and 2. not able to put the simple EIB/KNX basis functions into practice. Claims of a possible money back guarantee can only be processed in written form! EM ebook, Kaiserbichl 21, 83627 Warngau, Germany Phone +49-8021-7278, fax. +49-8021-9778, info@em-ebook.de

 
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