General Terms and Conditions
§ 1 Effective Range
The following terms and conditions in the form valid on the order
date shall apply exclusively to all business transactions between
EchinoMedia Verlag and the customer. Any deviating conditions will not
be accepted by EchinoMedia unless EchinoMedia has expressly agreed in
writing to accept their validity.
§ 2 Order and Cancellation of Order
EchinoMedia agrees to accept the customer’s order under the
conditions as stated on the website. Should the website contain any
spelling, printing or calculation mistakes, EchinoMedia shall be
entitled to cancel the customer’s order.
The contract of sale is concluded by automatically answer to your order
(online shop). When you order by telephone, the acception is verbal. By
e-mail-order, you get an manual answer-mail.
The customer may also cancel his or her order in writing (such as by
e-mail) or by returning the goods within two weeks. The customer shall
bear the costs of returning the goods. It is herewith expressly stated
that EchinoMedia may retain the amount of depreciation for any goods
that show any signs of use.
Furthermore our 14-day return warranty shall apply.
EchinoMedia does not offer any products for sale to minors. Even our
products for children may only be purchased by customers over the age of
§ 3 Delivery
Unless otherwise agreed, delivery shall be made ex works to the
delivery address indicated by the customer. Delivery terms shall be
non-binding in all but exceptional cases where the delivery date has
been guaranteed. We shall select the mode of shipping that is the
fastest and least expensive. By prepayment, we will send out the book
inclusive confirmation of payment, if we have got the payment.
§ 4 Due Date of Payment, Overdue Payments
The purchase price shall become due on the date of the order. The
customer may pay the purchase price per invoice (retailers only),
payment in advance, C.O.D., direct debit, credit card or PayPal. If the
customer fails to pay for the order in time, EchinoMedia shall be
entitled to charge interest in the amount of 5% per annum above the
basic interest rate announced by the European Central Bank. In the case
that EchinoMedia can establish a higher damage due to default,
EchinoMedia shall be entitled to claim same. Should direct debiting fail
due to incomplete or incorrect data provided by the customer or should
other problems occur in connection with the account provided by him or
her, the customer shall bear all additional costs accrued.
§ 5 Particulars for Purchase Per Invoice
Only customers over the age of 18 may pay per invoice. Delivery
address, postal address and billing address must be identical and within
the territory of Germany. EchinoMedia reserves the right to refuse the
mode of payment “per invoice“ for certain orders and to advise the
customer of other payment modes (such as payment in advance). The amount
on the invoice shall become due on the date the invoice is received.
§ 6 Set-off, Right of Retention
The customer shall only have the right to claim a set-off if his or
her counter-claims have been legally established or accepted by
EchinoMedia. The customer shall furthermore only be entitled to
retention to the extent that his or her counter-claim is based on the
same contractual relationship.
§ 7 Reservation of Proprietary Rights
Until all claims against the customer have been paid in full, the
goods delivered shall remain the property of EchinoMedia.
§ 8 Shipping and Passing of the Risk
Shipping to end consumers within Germany is a packing and shipping fee of € 2 is
charged and if the shipping weight exceeds one kilogramme;
shipments to retailers are made at cost price. Any C.O.D. costs are
Shipping fee in other countries is € 7,00 by standard shipment. Air
mail € 25,00.
Unless special arrangements have been made, the least expensive and most
reasonable mode of shipping will be selected, which is usually by postal
or delivery service.
The customer must immediately notify the
delivering company and EchinoMedia of any transport damages and claim damages.
§ 9 Liability for Damages
In case of any defect of the goods for which EchinoMedia can be held
responsible the customer may claim compensation (remedy of defect or
replacement). If EchinoMedia is unable or unwilling to remedy the defect
due to the fact that the principle of reasonableness is not given, or if
remedy is delayed beyond reasonable deadlines for which EchinoMedia can
be held responsible, or if remedy fails to be accomplished for any other
reasons, the customer shall be entitled to choose either a proportionate
reduction in the sales price or to cancel his/her order and claim
reimbursement. Unless otherwise indicated below, any other claims of the
customer shall be excluded. Therefore EchinoMedia shall not be liable
for any damages beyond direct damages to the delivered goods; in
particular EchinoMedia shall not be liable for any lost profits or other
pecuniary damages incurred by the customer. To the extent that the
liability of EchinoMedia is excluded or limited, the same shall also
apply to the personal liability of EchinoMedia’s employees,
representatives or assisting agents.
The above limitation of liability shall not apply insofar as damages are
caused deliberately or by gross negligence or in cases of bodily
injuries. Moreover it shall not apply if the customer’s claim is based
on Sections 1 and 4 of the German Product Liability Act. Insofar as
there is a material breach of contract by negligence on the part of
EchinoMedia, its liability to compensate material damages shall be
limited to standard damage.
The limitation period is twenty-four months as of the date of delivery.
§ 10 Data Protection
Data provided by the customer shall not be disclosed by EchinoMedia
to any third parties nor be used in any other way.
More Informations are given under AGB in german language (see above).
§ 11 Applicable Law
German law applies; the application of the Uniform Law on the
International Sale of Goods is excluded.