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Terms of service

AGB

This text is an automatic translation of the German text. The German text is legally binding, whereas the English text is for guidance only.

Table of contents

  1. Scope

  2. Conclusion of contract

  3. Right of withdrawal

  4. Prices and payment terms

  5. Delivery and shipping conditions

  6. Granting of usage rights for digital content

  7. Retention of title

  8. Liability for defects (warranty)

  9. Liability

  10. Redemption of promotional vouchers

  11. Redemption of gift vouchers

  12. Applicable law

  13. Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of the Buchhandlung am Goetheanum e.V. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These Terms and Conditions apply accordingly to contracts for the delivery of physical data storage media that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content, as defined by these Terms and Conditions, is data that is created and provided in digital form.

1.3These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.4These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content, as defined by these Terms and Conditions, is data created and provided in digital form.

1.5A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.6An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form, post, or telephone.

2.3The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-fullor - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers generally have a right of withdrawal.

3.2Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3The right of withdrawal does not apply to consumers who are not members of a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop.

4.5By selecting the payment method "PayPal Invoice," the seller assigns its payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the "PayPal Invoice" payment method to the customer in the event of a negative check result. If the "PayPal Invoice" payment method is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only pay to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellation notices and returns, or credit notes. In addition, the General Terms and Conditions for the Use of PayPal's Purchase on Account apply; these can be viewed athttps://www.paypal.com/de/webapps/mpp/ua/pui-terms.

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified by the seller during order processing is decisive for the processing of the transaction.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5If the seller offers the goods for collection, the customer can collect the ordered goods from the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

5.6Vouchers are provided to the customer as follows:

  • per Download

  • by email

5.7Digital content is provided to the customer as follows:

- per Download

6) Granting of rights of use for digital content

6.1Unless otherwise stated in the description of the content in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.

6.2The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3To the extent the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has paid the full amount owed. The seller may also provisionally permit the use of the contractual content prior to this point in time. Such provisional permission does not constitute a transfer of rights.

7) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stipulated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:

8.1If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;

  • For new goods, the limitation period for warranty claims is one year from delivery of the goods;

  • For used goods, warranty claims are excluded;

  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.2The limitations of liability and shortening of time limits set out above do not apply

  • for claims for damages and reimbursement of expenses by the customer,

  • in the event that the seller has fraudulently concealed the defect,

  • for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,

  • for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.3Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.4If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

9) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

9.1The seller is liable without limitation for any legal reason

  • in case of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body or health,

  • based on a guarantee promise, unless otherwise agreed,

  • due to mandatory liability such as under the Product Liability Act.

9.2If the seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.

9.3Otherwise, the seller’s liability is excluded.

9.4The above liability provisions also apply with regard to the seller’s liability for his vicarious agents and legal representatives.

10) Redemption of promotional vouchers

10.1Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2Promotional vouchers can only be redeemed by consumers.

10.3Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.4Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

10.5Only one promotional voucher can be redeemed per order.

10.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

10.8The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.10The promotional voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

11) Redemption of gift vouchers

11.1Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

11.2Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

11.3Gift vouchers can only be redeemed before completing the order process. Subsequent payment is not possible.

11.4Only one gift voucher can be redeemed per order.

11.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

11.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

11.7The balance of a gift voucher will not be paid out in cash or accrue interest.

11.8The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

12) Applicable law

All legal relationships between the parties shall be governed by the laws of the Swiss Confederation, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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