Terms and Conditions

Standard Business Terms and Customer Information

I. Standard Business Terms

§ 1 Basic Provisions

(1) The following business terms apply to all contracts concluded with us as a supplier (Richard Sellmer Verlag KG) via the www.sellmer-adventskalender.com website. Unless otherwise agreed, the inclusion of your own terms is excluded.

(2) A ‘consumer’ within the meaning of the following regulations is any natural person who concludes a legal transaction that predominantly cannot be attributed to either their commercial or independent professional activities. The term ‘businessman’ refers to any natural person, legal entity, or legally responsible partnership that concludes a legal transaction in pursuit of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of products.

Our offers on the website are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can use the online shopping cart system to place a binding purchase offer (order).
Here, the goods intended for purchase are stored in the ‘Shopping Cart’. You can use the respective button in the navigation bar to access the “Shopping Cart” and make changes at any time. After accessing the "Checkout" page and entering your personal data as well as payment and shipping conditions, you are finally shown the order data again as an order overview.
Before submitting the order, you have the option to review or change (you may also use the "Back" button on your web browser) any information on the order summary page or to cancel the purchase.
When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us.
You then receive an automatically generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days via a textual confirmation (e.g., email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
If you have not received any corresponding message within this deadline, you are no longer considered bound to your order. Under such circumstances, any services already provided are restored without undue delay.

(4) The execution of the order and the sending of all details necessitated by the conclusion of the contract take place via email, in a partially automated manner. Consequently, you must ensure that the email address you have provided to us is correct and that receipt of the respective emails is guaranteed. In particular, you must ensure that the respective emails are not blocked by a SPAM filter.

§ 3 Right of Retention, Reservation of Proprietary Rights

(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

§ 4 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects, and transport damage as soon as it is delivered, and promptly report your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 5 Choice of Law, Place of Fulfilment, Jurisdiction

(1) German law shall apply. This choice of law only applies to customers if it does not revoke the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).

(2) If you are not a consumer but a businessman, a legal entity under public law, or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services arising from the business relationships with us. The same applies if you are not associated with a general place of jurisdiction in Germany or the EU, or if the place of residence or usual place of residence is unknown at the time proceedings commence. This does not affect the right to bring an action before a court associated with another place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly excluded.

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II. Customer Information

1. Identity of the Seller

Richard Sellmer Verlag KG
Schmellbachstraße 25
70565 Stuttgart
Germany
Telephone: 0711742028
E-Mail: info@sellmer-verlag.de


Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court dispute resolution (ODR platform), which can be viewed at https://ec.europa.eu/odr.

2. Information Regarding the Conclusion of the Contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself, and correction options are carried out in accordance with the regulations "Conclusion of the Contract" in our Standard Business Terms (Part I.).

3. Contractual Language, Saving the Text of the Contract

3.1 The contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally mandated details related to distance selling contracts, and the standard business terms are resent to you via email.

4. Main Features of the Product or Service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and Payment Arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all price components, including all incidental taxes.

5.2 The shipping costs incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately during the order process, and must be borne by you unless free delivery is confirmed.

5.3 The payment methods available to you are shown by clicking the appropriate button on our website or disclosed in the respective quote.

5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the concluded contract become payable immediately.

6. Delivery Conditions

6.1 The delivery conditions, delivery date, and any existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.

6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item being accidentally destroyed or deteriorated during shipping only passes to you when the item is delivered, regardless of whether the shipping operation is insured. This does not apply if you have independently commissioned a transport company not specified by us or a person otherwise appointed to execute the shipping.

7. Statutory Warranty Right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).

These SBTs and customer details were created by lawyers specializing in IT law working for the Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found at the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 01.01.2022