General Terms and Conditions Historia Verlag
These Terms and Conditions will always apply in the respective valid version at the time of the particular contract to all claims arising from or in connection with a contract between the customer and Historia Verlag. Other conditions will not be accepted without prior written consent.
2. Contracting party
We only conclude contracts with unrestrictedly competent legal entities or natural entities aged 18 or over. By accepting these Terms, the Customer confirms that he is an adult (over 18 years old).
3. Conclusion of contract
Your order represents an offer to us to conclude a purchase contract. Whereas the contract shall come into being upon Historia's acceptance of the customer's order. The acceptance by Historia is concluded upon the receipt of the goods by the customer sent by Historia. If you place an order with Historia on the Internet, we will send you an e-mail confirming receipt of your order and its details (order confirmation). This order confirmation does not represent an acceptance of your offer, it is only to inform you that your order has been received. It is essential to specify a correct e-mail address for the successful delivery of the order confirmation.
4.1 Right of Withdrawal
You can cancel your contract within 14 days without the need to provide any reasons in writing (e.g. letter, fax, e-mail) or, if the goods were sent to you before the deadline, you can cancel by returning the goods.
The time limit begins after the receipt of this notice in writing, but not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before the receipt of the first partial delivery) and also not before fulfilling our obligations in accordance with Article 246 § 2. iVm. § 312 § 1 Sections 1 and 2 EGBGB as well as our obligations. The timely sending of the cancellation or the goods is sufficient for the observation of the cancellation period.
To cancel by means of returning the goods, they must be sent to the following address:
Karlsruher Str. 52
4.2 Consequences of a cancellation
In the event of a cancellation the mutually received services must be returned and any benefits gained (e.g. interest) must be released. If you cannot return the services or goods received in full or in part or only in a deteriorated condition, you will be obliged to pay us compensation. This does not apply with the release of goods if the deterioration is exclusively due to its inspection - how it would be in a retail store. In addition, the duty to provide compensation can also be avoided by not making proprietary use of the goods and refraining from any action, which may impair their value. Transportable items are to be returned at our risk. You shall bear the costs of the return shipment if the goods delivered are as ordered and the value of the returned product does not exceed 40,- or if in the case of a higher value of the product the consumer has at the time of the cancellation not performed the return service or the agreed partial payment. Otherwise, the return is free of charge. Items that cannot be returned by parcel must be collected by the customer. You are obliged to refund any open payments within 30 after sending off your cancellation notice. This period shall commence for you upon sending your cancellation notice, and for us upon receipt thereof.
4.3 Exceptions to Withdrawal from Contract
The right of withdrawal does not apply to distance selling contracts
a. for the provision of goods produced to your specifications or which have been evidently made according to your requirements or which, by their nature, are not suitable to be returned or which have passed their sell-by date,
b. for consignments of audio or video recordings or of software if the delivered data medium has been unsealed by the customer.
End of the information about rights of cancellation.
5. The costs for reshipment in case of cancellation
In the case of withdrawal according to § 4, you must bear the regular costs of return shipment if the purchase price of the article to be returned does not exceed an amount of 40 Euros or if, in the case of a higher purchase price, you have not yet undertaken to pay the purchase price or an agreed installment at the time of withdrawal, unless the delivered article does not correspond to the one ordered.
In the case of a return, the customer is asked - even though there is no legal obligation to do so to contact us beforehand. This can be done via e-mail email@example.com or by phone: +49-(0)761-54821.
The prices are quoted in Euros (they include the statutory VAT) and are exclusive of delivery costs.
Goods are supplied with a standard delivery time of 2 - 3 days. Express orders placed before 2pm will be shipped the same day.
The delivery time will be delayed in the event of errors or changes to the order. Events caused by a force majeure, entitle us to delay the delivery and corresponding lead times for the duration of the obstacle.
8. Shipping costs
You can find a detailed listing of shipping costs at: www.historia.net/en/Shipment/.
The flat rate shipping charge includes processing, selection, product control, packing, postal delivery and the delivery charges of the delivery company..
9. Non-deliverable items
If we should state after receipt of the order that the goods or services ordered are no longer available we shall immediately refund the payments already made.
Historia Verlag shall have the right to send/offer/render goods or services of equal value to the goods or services ordered. In such case the buyer is not obliged to accept the delivery and he is not liable for the cost of return shipment.
We offer the following payment options:
a. Direct debit
b. Cash on Delivery, plus the respective applicable delivery charges
c. Credit card
d. Direct e-banking
11. Retention of title
We reserve the title to the goods until full payment is made.
Please inform the driver of any visible transport damage immediately upon receipt. Please send your complaints immediately, at the latest within 7 days of the receipt of goods and in writing. The defect must be kept for us, or third parties assigned by us, to inspect. If we are responsible for any defect of the goods, we are entitled to choose whether to remedy the defect or replace the goods. If we are not willing or able or delayed beyond reasonable time for reasons beyond our control to repair/replace the goods, or if we fail in any other way to remedy the defect/replace the goods, the purchaser is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price. Unless stated otherwise, the delivered papers are original and complete, but they may show signs of wear. The vintage wines are rarities and carefully stored. We can in no way guarantee their drinking quality.
13. Limitation of liability
If according to legal provisions, Historia Verlag is liable for damages to the customer as a result of simple negligence, the following applies: The liability for simple negligence exists only in the case of delay or impossibility, or breach of a substantial contractual obligation and is limited to the foreseeable typical damage (typical average damage). The aforementioned limits of liability shall not apply to claims for injury to life, body or health.
The legal liability of Historia Verlag remains unaffected in all other respects, in particular the liability for resolution, concealing a fault, gross negligence as well as any liability independent of fault (for example after the product liability law). Also any liability from any acceptance of a guarantee remains unaffected.
The liability provisions also apply to third parties who are involved in the scope of protection of the contract.
14. Disclaimer for external links
The Historia Verlag web site contains links to other sites on the Internet. The following applies to all these links: Historia Verlag expressly declares that it bears no influence whatsoever on the design and content of any of the websites to which links are contained here. Accordingly, we hereby wish to expressly distance ourselves from any content of all other linked sites on www.historia.net and to disclaim any liability for their contents. This declaration applies to all links contained in our website and to the content of all websites to which the links may redirect you.
15. Choice of jurisdiction
All legal relations between Historia Verlag and the customer and the respective Terms and Conditions are subject to German law, to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG) 11.04.1988.
In all respects of data processing (e.g. collection, processing, transmission) we act in accordance with the respective legal regulations. Your personal details necessary for processing the transaction will be stored and passed to service providers instructed by us to the extent necessary to process your order. Address and order-related data is collected and processed for our own marketing purposes.
Data will be forwarded solely for third party marketing purposes in such a form as permitted by law (general public data and data summarized in lists according to § 28 Section 3 No. 3 f.f. and § 47 No. 2 f.f. of the German Federal Data Protection Act and according to § 28 Section 3 p. 2 and p. 4 f.f. of the German Federal Data Protection Act.
You can stop the use, processing and exchange of your personal information for marketing purposes by sending an informal letter by mail to Historia Verlag, Karlsruher Str. 52, D-79108 Freiburg, or by sending an e-mail to firstname.lastname@example.org . This is, however, not applicable to the data required for the processing of your order. After receiving your objection, we will no longer use, process or share the data in question for any other purpose than to process your order, and we will not send you any further marketing material. Due to commercial and tax provisions, we are still obliged to retain your Customer Data and submit them to the competent authorities if necessary. Your data may only be deleted after the legal period for retaining them has elapsed.