Terms and Conditions

The following business terms apply to all contracts concluded via the website https://das-ist.com between DAS IST Verlag (C. Alexander Walle, Arfelder Hauptstr. 51, D-57319 Bad Berleburg, +49 2755 224611, [email protected], VATIN: DE314422071) – hereinafter referred to as the “supplier” – and the users of this platform, referred to in § 2 of these Terms and Conditions as the “customer.”

§ 1 Scope

For the business relationship between the supplier and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized unless the supplier expressly agrees to their validity in writing.

§ 2 Conclusion of Contract

1. The customer can select products from the supplier’s assortment and add them to the shopping cart using the “Add to Cart” button. By clicking the “Place Order” button, or a similar button such as “Proceed to PayPal,” during checkout, the customer makes a binding offer to purchase the goods in the shopping cart. Before placing the order, the customer can review and modify their information at any time.
2. The supplier then sends the customer an automatic confirmation of receipt by e-mail, listing the customer’s order again. The customer can print out the order using the “Print” function. The customer’s order represents the offer to conclude a contract. The confirmation of receipt (order confirmation) constitutes the acceptance of the offer by the supplier, summarizing the order content. In this e-mail or a separate one, but no later than upon delivery of the goods, the contract text (consisting of the order, terms, and order confirmation) will be sent to the customer on a durable medium (e-mail or paper printout). The text of the contract is saved while maintaining data protection.
3. The contract is concluded in the following language: German.

§ 3 Delivery, Product Availability, Payment Methods

1. Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), provided that the purchase price has been paid in advance.
2. If the product designated by the customer in the order is temporarily unavailable, the supplier shall inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract and will immediately reimburse any payments already made by the customer.
3. The following delivery restrictions apply: The supplier only delivers to customers who provide a delivery address in locations serviced by our logistics partner.
4. The customer can make the payment by Credit Card (Stripe), PayPal, or Direct Bank Transfer.
5. Payment of the purchase price is due immediately upon the conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is in default by missing the payment date.

§ 4 Retention of Title

Until the full payment of the purchase price, the delivered goods remain the property of the supplier.

§ 5 Prices and Shipping Costs

1. All prices indicated on the supplier’s website include the valid legal value-added tax (VAT).
2. The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer unless the customer exercises a right of withdrawal.
3. In the event of a cancellation, the customer shall bear the direct costs of the return.

§ 6 Warranty

1. The supplier is liable for material defects in accordance with the relevant statutory provisions, particularly §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.

§ 7 Liability

1. Claims of the customer for damages are excluded. This does not apply to claims for damages resulting from injury to life, limb, health, or essential contractual obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the supplier, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of essential contractual obligations, the supplier is only liable for the contractually typical, foreseeable damage, if this was caused by simple negligence, unless it concerns claims for damages resulting from injury to life, body, or health.
3. The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
4. The provisions of the Product Liability Act remain unaffected.

§ 8 Notes on Data Processing

1. The supplier collects data from the customer as part of contract processing, observing the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the supplier will only collect, process, or use the customer’s inventory and usage data as necessary for the execution of the contractual relationship and for the use and billing of telemedia.
2. Without the customer’s consent, the supplier will not use the customer’s data for advertising, market, or opinion research purposes.

§ 9 Final Provisions

1. Contracts between the supplier and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier is the domicile of the supplier.
3. The contract remains binding even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply. If this would constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

Miscellaneous

• Terms (Sweepstakes)