Terms and conditions of cometis publishing GmbH & Co. KG
Table of contents
- Conclusion of contract
- Right of withdrawal for contracts for the delivery of goods
- Sample revocation form
- Prices, shipping costs
- Methods of payment, due date
- Reservation of ownership and rights
- Availability, delivery dates, reservation in case of unavailability
- Liability for defects
- Liability for damages
- Final provisions
For the business relationship between ometis publishing GmbH & Co. KG (hereinafter referred to as “cometis”) and the customer with regard to the ordering of books from the cometis shop, these general terms and conditions of business apply exclusively in the version valid at the time of the customer’s order. Conflicting, deviating or supplementary general terms and conditions of business of the customer shall not become an integral part of the contract unless the publisher expressly agrees to their validity.
2. Conclusion of contract
The presentation of products in the cometis shop does not represent a legally binding offer by cometis, but a non-binding online catalogue. The customer can select products and place them in the shopping cart. By clicking on the button “buy now”, the customer places a binding order for the products they select. Before placing the order, the customer can change and view the data at any time. However, the order can only be placed if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button. Confirmation of receipt of the order will be sent by (automated) email immediately after receipt of the order and does not constitute acceptance of the contract by cometis. The contract is only concluded when cometis accepts the customer’s offer by means of a separate order confirmation by email or by sending the ordered product. Acceptance may take place within three days after receipt of the offer.
3. Right of withdrawal for contracts for the delivery of goods
3.1 Consumers have the right of withdrawal for fourteen days, with the consumer being any natural person who concludes a legal transaction for purposes that cannot be attributed, for the most part, to their commercial or self-employed professional activity:
You have the right to revoke this contract within fourteen days without giving any reasons. The period of revocation shall be fourteen days from the day on which you or a third party appointed by you who is not the carrier
a) has taken possession of the goods insofar as one or more goods have been ordered as part of a uniform order and this is or will be uniformly delivered; b) has taken possession of the last goods or ordered several goods as part of a uniform order and delivered them separately; c) has taken possession of the last partial consignment or piece; or if goods delivered in several instalments or pieces have been ordered; d) has taken possession of the first goods, provided that goods are delivered as part of an order for the regular delivery of goods over a fixed period of time.
In order to exercise your right of revocation, you must inform us (ometis publishing GmbH & Co. KG, Michael Diegelmann, Unter den Eichen 7, 65195 Wiesbaden, phnoe: + 49 611 20 58 55 0, fax: + 49 611 20 58 55 66, email: email@example.com) by means of a clear declaration (e. g. a mailed letter, fax or email) of your decision to revoke this contract. For this purpose, you can use the option described in the following Section 4 of using the enclosed sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will immediately refund to you all payments we have received from you, including the delivery costs (except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever comes first. You must return or hand over the goods to us (ometis publishing GmbH & Co. KG, Michael Diegelmann, Unter den Eichen 7, 65195 Wiesbaden) without delay and in any case no later than within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline.
You shall cover direct costs of returning the goods.
You will only be liable for any loss in value of the goods if this loss in value is due to handling of the goods not necessary for checking their quality, properties and functioning.
3.2 Exclusion of revocation right
The right of revocation does not apply to the following contracts, unless the parties have agreed otherwise:
3.2.1 Contracts for the supply of goods which are not prefabricated and for the production of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
3.2.2 Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
3.2.3 Contracts for the supply of newspapers, magazines or journals with the exception of subscription contracts.
4. Sample revocation form
If you wish to revoke the contract in accordance with the above clauses, you can complete this form and return it to us. However, the use of the form is not mandatory.
5. Prices, shipping costs
5.1 All prices quoted in the cometis shop are total prices in euros. They include the applicable statutory value added tax and other price components. Delivery, forwarding expenses or other costs shall be additionally charged in accordance with Section 5.2.
5.2 For shipping as part of individual orders within Germany, Switzerland and Austria, no additional freight, delivery, shipping or other costs will be charged regardless of the order value. For shipments to other countries of the European Union and the European Economic Area, an additional flat-rate shipping charge of EUR 3 per delivery will be charged, and for deliveries to countries outside the European Union an additional flat-rate shipping charge of EUR 15 will be charged. Any customs duties and taxes to be paid in accordance with the applicable laws shall be covered by the customer.
5.3 For price-linked products, the prices set by cometis are legally binding in accordance with the German Book Price Fixing Act. Deviations are not permitted by law. Price variances due to data delivery or entry errors cannot be ruled out. In this case, the prices according to the fixed book price are still valid.
6. Methods of payment, due date
6.1 The delivery of goods and the provision of services essentially follow payment on account.
6.2 The publisher reserves the right to deliver goods in individual cases only with prepayment. In this case, the goods will only be delivered on receipt of the full invoice amount.
6.3 The invoice amount shall become due for payment upon receipt of the invoice by the customer. Payments shall be made without deduction to one of the accounts specified in the invoice.
7. Reservation of ownership and rights
7.1 Delivered goods remain the property of cometis until complete payment of the relevant remuneration including any freight, delivery and shipping costs or other costs incurred. The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
7.2 The rights to use digital content are granted under the condition precedent of full payment of the respective remuneration.
8. Availability, delivery dates, reservation in case of unavailability
8.1 Insofar as cometis is unable to comply with binding delivery periods for reasons beyond its control (non-availability of performance), it shall inform the purchaser without delay and at the same time inform the purchaser of the expected new delivery period. If the service is also not available within the new delivery period, cometis shall be entitled to withdraw from the contract in whole or in part; anything already rendered by the customer shall be reimbursed to the customer without delay. In particular, the case of unavailability of the service in this sense shall be deemed to be the case if the publisher has concluded a congruent hedging transaction, if cometis and its suppliers are not at fault or if cometis is not obliged to procure the service in individual cases.
8.2 In the event of unavailability of a product, the customer can have themselves marked for later availability (e.g. appearance, reprint, new edition). The customer may revoke the reservation at any time without notice in writing, by fax or email. The revocation must be addressed to the contact details listed in Section 4.
In the event of a non-revoked reservation, the contract shall come into effect if cometis sends the customer a further order confirmation by email or if the goods are received by the customer.
9. Liability for defects / notice of defects
9.1 In the case of contracts for the delivery of goods, the customer shall be entitled to rights and claims in accordance with the statutory law on liability for defects. Warranty claims for defects expire within two years of delivery if the customer is a consumer, otherwise twelve months after delivery.
9.2 Insofar as the customer is commercial, he must comply with his obligation to give notice of defects in accordance with Section 377 HGB (German Commercial Code) and, in the case of deliveries of goods, must notify us immediately in writing of obvious defects, at the latest within 7 days after receipt of the goods, and of hidden defects without delay, at the latest within 7 days of their discovery. In the absence of such notification, the delivery shall be deemed to be faultless and approved.
10. Liability for damages
10.1 cometis shall only be liable for damages within the framework of statutory provisions in accordance with Section 10 of this document.
10.2 cometis shall be liable for damages resulting from injury to life, limb or health as well as for damages caused by intent or gross negligence on the part of the publisher or its legal representatives or vicarious agents, as well as for damages in the event of non-compliance with a guarantee given by the publisher or due to fraudulently concealed defects.
10.3 cometis shall be liable for damages which are based on a slightly negligent breach of essential contractual obligations by cometis or its legal representatives or vicarious agents, limited to compensation for the foreseeable damage typical of the contract. Essential contractual obligations are obligations that must be fulfilled to enable the proper execution of the contract in the first place and that the contractual partner may regularly rely.
10.4 cometis is not liable for other cases of slightly negligent behavior.
10.5 The provisions of the Product Liability Act shall remain unaffected.
10.6 The limitations of Section 14 of this document shall also apply in favor of the legal representatives and vicarious agents of cometis if claims are asserted directly against them.
11. Final provisions
11.1 Exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special assets under public law arising from contracts is Wiesbaden.
11.2 The law of the Federal Republic of Germany shall apply exclusively to all disputes arising from or in connection with these general terms and conditions of business as well as from and in connection with the transactions carried out via the cometis shop, irrespective of the legal reason, but to the exclusion of all non-compulsory provisions of conflict of laws which refer to a different legal system. The foregoing choice of law shall not apply to customers who are consumers insofar as they would be deprived of the protection afforded to them by those provisions which, under the law applicable in the absence of a choice of law, may not be derogated from by agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.3 As an online company, we are obliged to direct your attention as a consumer to the European Commission’s online dispute resolution platform (OS platform). This OS platform can be reached at the following link: https://webgate.ec.europa.eu/odr. However, we do not participate in dispute settlement procedures before consumer conciliation bodies.
ometis publishing GmbH & Co. KG
Unter den Eichen 7
As of: 23.02.2017
Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG:
The European Commission provides an online dispute resolution platform (OS) which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.