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 18.

§ 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 charged separately.
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.