General Terms and Conditions

General terms and conditions

1. Scope

The following T&Cs apply to all orders placed via our online shop.

These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract

The purchase contract is concluded with PMC Media House GmbH.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

Purchasing e-books

In our shop, you can also purchase specialist books and other publications in digital format as e-books.  In this case, the object of the contract is the permanent transfer of the e-books, in particular in the form of PDF files (digital content), which are made available for download, as well as the granting of the rights of use mentioned under Item 4. Not included is the installation and configuration of any necessary software on your device.

3. Contract language, saving of the contract text
The languages available for concluding the contract are German and English.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Rights of use for e-books

If you purchase e-books from us, they are always copyrighted works.   You are granted a simple, non-exclusive, perpetual right to use them to the extent set forth below. This includes loading into the main memory of your terminal device and its intended use. You are entitled to permanently transfer the acquired copy to third-parties if you

  • expressly inform the third-party of the scope of your right of use,
  • hand over to the third-party the complete documentation, if applicable, and
  • at the same time, completely relinquish the use of the products. You completely relinquish your own use if you delete all the copies on your end devices and external data carriers, unless you are required by law to keep them for a longer period of time. At our request, you must confirm to us in writing the complete abandonment.
 
You may not remove or alter any copyright notices, serial numbers or other identifying features of the products. Unless otherwise expressly agreed, modification, editing, public reproduction, disclosure to third parties, in particular by making available for download, and any copying not covered by the intended use is not permitted.
 
5. Delivery conditions
 
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

When purchasing downloads, these can be downloaded after completion of the order via the link in the e-mail order confirmation.

6. Payment

The following payment methods are basically available in our online shop:

Credit Card
After your legitimacy as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after conclusion of the contract.

PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

 

7. Retention of title

The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Damage during delivery

For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

9. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.

Customer service: You can contact our customer service, the Sigloch Distribution in Blaufelden, for questions, complaints and complaints from Monday to Thursday from 8:00 to 18:00 and Friday from 8:00 to 17:00. Available at +49 7953 7189 092, fax number +49 7953 7189 082 or by e-mail at pmcmedia@sigloch.de

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty
  • for guarantee commitments, where agreed
  • towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Code of conduct

We have submitted to the following codes of conduct:
Trusted Shops
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf

12. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.

13. Final provisions
 
If you are a business, German law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.

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