- Customer group: Guest
-
- Register
- Login
- Your account
- Home
Conditions of Use
Conditions of Use
Terms and Conditions Ampelpublishing
For orders of goods (e.g. books and magazines) or downloads (e.g. e-paper, audio books) offered by Ampelpublishing, only the following terms and conditions apply in the version valid at the time the order is placed.
1. contracting party, customer service
Contractual partner of the orders is Ampelpublishing, unless it is pointed out in the article description that the article is offered by a different seller. In these cases, only the seller named there will be the contractual partner. If applicable, the deviating contract partner's own terms and conditions are stored in the item description and will then apply. If no deviating GTC are stored, the GTC of Ampelpublishing apply accordingly.
Ampelpublishing: Registered office Am Kapellchen 18, 56283 Nörtershausen, Germany, VAT ID: DE 329 337 384. Ampelpublishing is represented by Guido Lange.
You can reach Ampelpublishing under:
Ampelpublishing - Guido Lange
At the chapel 18
56283 Nörtershausen
Germany
T: +49 171 319 35 48
E: guido.lange@ampelpublishing.de
2. orders (goods and downloads in general)
2.1 Conclusion of contract
In the case of orders for goods, the contract shall not be concluded until the goods have been dispatched. The electronic confirmation displayed in the online store after completion of the order is not yet an acceptance, but only informs about the receipt of the order in the system of Ampelpublishing.
In the case of orders for downloads, the contract is usually already concluded upon confirmation of the order by e-mail, but no later than upon provision of the download.
If Ampelpublishing is not able to fulfill an order or rejects the order, the customer will be informed immediately. There is no claim to the conclusion of a contract.
Typing or calculation errors on websites or other advertising material as well as delivery obstacles on the part of the publishers entitle Ampelpublishing to withdraw from the contract.
2.2 Payment
The customer is obligated to make payment. Unless otherwise agreed, payments are to be made without deduction to the accounts stated on the invoice.
If a product is no longer available, the contract will not be concluded; in this case Ampelpublishing will inform the customer immediately and refund any payments made.
Payments are due upon invoicing and then payable within a period of 30 days after the invoice date. Only the payment methods offered as part of the order will be accepted. All prices quoted are inclusive of statutory value added tax; they are always payable in euros.
2.3 Price increase
If suppliers increase the price or if there is a fluctuation in the exchange rate between the Euro and the currency of the country of origin of the title, Ampelpublishing is entitled to increase the price in case of an upward change.
2.4 Reversal of direct debit, dishonored checks
In case of return or dishonor of a direct debit, the customer hereby irrevocably authorizes his bank to inform ip of his full name and current address. A cancellation or the exercise of a right of revocation does not entitle the customer to recover amounts paid by direct debit by the
Chargeback costs resulting from unpaid direct debit shall be borne by the customer. Ampelpublishing is entitled to suspend the delivery of products for the period of a payment delay and in case of a delay to charge the legal interest on arrears as well as a reminder fee of 2.50 Euro per reminder; the latter does not apply to the reminder by which the Customer first falls into arrears.
Costs incurred by Ampelpublishing due to dishonored checks may be passed on to the Customer by Ampelpublishing, unless the Customer is not responsible for this.
2.5 Delivery/provision
Goods will be delivered by mail exclusively to the postal address specified by the customer in the order. The delivery is made under the reservation that Ampelpublishing itself is supplied correctly and in time by the publishers. In the case of goods from suppliers, delivery will be made after receipt of the goods by Ampelpublishing. Delivery is made at the expense and risk of the customer from the time of delivery to the customer. Delivery will be made within 5 working days, unless otherwise stated in the product description. However, possible additions to the product will generally not be delivered before Ampelpublishing has received the payment.
When ordering downloads, they will be made available in the "My Customer Account" area of the respective online store. Ordered downloads are usually provided immediately after payment of the price. Ampelpublishing provides the download of the digital product for at least one week. The number of downloads can be limited. If a limitation is made, it will be apparent in the offer.
In the event of delivery disruptions due to force majeure (including strikes and lockouts), the performance obligations of the Customer and Ampelpublishing will be suspended for the duration of the delivery disruption. The delivery of possible additions will take place as long as stocks last. In this respect, Ampelpublishing reserves the right to make a substitute delivery of equal value.
2.6 Shipping costs/delivery costs
When ordering goods, Ampelpublishing charges delivery costs for the physical shipment depending on the chosen shipping method, the location of the recipient and the weight of the goods. Possible additional taxes and customs duties are always to be paid by the customer.
No additional delivery costs will be charged when ordering downloads.
2.7 Delivery in case of age restriction
Prior to the delivery and transport of products with an age rating of 18 years or older, the customer agrees to perform an age verification procedure specified by Ampelpublishing. If the customer declares in lieu of an oath that there are no minors living in the household and that no minors have access to the consignments delivered to him, the goods with an age rating of 18 years and above will be transported in the sealed shipping envelope in the same way as the other goods. If the customer states that minors live in his household or that minors have access to the consignments delivered to him, goods will be transported in the name of and also for the account of the customer exclusively by registered mail/hand delivery. The costs for registered mail/hand delivery of Deutsche Post AG amount to € 6.00 per shipment and are to be borne by the customer.
2.8 Reservation of ownership/rights
Ordered goods remain the property of Ampelpublishing until full payment of the agreed remuneration.
In the case of download orders, the corresponding rights of use are only granted revocably until full payment has been made.
3. additional conditions for download orders
3.1 Rights of use to downloads
With the provision or transmission of the individual digital contents (in short: downloads), the customer receives the simple right to use the downloads for his own purposes. Any further use - in particular the publication on the Internet as well as the unauthorized duplication, distribution or making available of the downloads via the Internet, whether free of charge or against payment - is not permitted. The same applies to the removal of copyright information and source references as well as other processing or manipulation of the download. The rights of use granted are not transferable or sublicensable and are subject to full payment. Legally permissible uses according to the copyright law are not restricted.
3.2 Updates of downloads
Ampelpublishing is entitled to revise, update or otherwise change the contents of the downloads at any time if this should be necessary for technical, legal or content-related reasons.
3.3 Data backup and data availability
Ampelpublishing keeps all purchased digital data available for a reasonable period of time. However, an unlimited data backup and data availability cannot be guaranteed. The customer should therefore store his downloads in parallel locally on connected end devices. The customer will be informed explicitly and with reasonable advance notice if downloads can no longer be provided by Ampelpublishing in the future. Ampelpublishing endeavors to keep the ordered downloads available as uninterrupted as possible. Due to maintenance and repair work as well as system updates or technical failures that are beyond the control of Ampelpublishing, the availability may be limited. A guarantee for the availability at any time is not given.
3.4 Necessary requirements - account, internet access and storage space
The retrieval of ordered downloads is possible via the respective online store and requires a corresponding registration as well as an access to the internet. As minimum bandwidth a DSL access of at least 2000 kBits/s is recommended. In addition, the customer shall ensure that on his end device (e.g. computer) he can establish (1.) Internet connections to external servers without any restrictions and (2.) that it is possible to store the downloads, in particular that sufficient free storage space is available.
3.5 Necessary requirements - display software
In addition, special software may be required to view the downloads (e.g. Adobe PDF Reader), for which additional terms of use and licensing conditions may apply. Please refer to the respective product description for more details, in particular information on the software version required to view the download. The customer shall ensure that he is able to install the required software on his computer.
4. revocation instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods.
In order to exercise your right of withdrawal, you must inform us (Ampelpublishing, Am Kapellchen 18, 56283 Nörtershausen, Germany, phone: +491713193548, e-mail: guido.lange@ampelpublishing.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form (see at the end of the General Terms and Conditions), which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Ampelpublishing, Am Kapellchen 18, 56283 Nörtershausen, Germany without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To
Ampelpublishing
Guido Lange
At the chapel 18
56283 Nörtershausen
Germany
E-Mail: guido.lange@ampelpublishing.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________
_______________________________________________
Ordered on ___________________ (*)/received on _______________________(*)
Name consumer:in ______________________________________
Address consumer:in
_________________________________
_________________________________
_________________________________
_________ _____________________________________________________
Date Signature consumer:in (only for paper communication)
_____________________________________________________________________________________
(*) delete as applicable
5 Warranty / Liability
5.1.
The content is created in Germany and for German speaking customers. Ampelpublishing is therefore liable for the permissibility of the content according to German law and accordingly guarantees that the content does not violate the rights of third parties or is otherwise illegal according to German law. If the customer accesses the downloads from outside of Germany, it is the customer's responsibility to check whether the use of the content is permissible according to the legal system of the country of access.
5.2.
Ampelpublishing does not assume any warranty towards the customer for the correctness or completeness of the contents, as far as there is no intentional or grossly negligent illegal action and as far as such an exclusion of warranty is legally permissible.
5.3.
If the delivered goods or the download provided is defective, the statutory warranty provisions shall apply; the assignment of corresponding claims is excluded. Likewise, further claims - irrespective of their legal basis - shall be excluded unless otherwise provided for in the following paragraphs.
5.4.
In case of breach of cardinal obligations, i.e. such obligations whose compliance is of particular importance for the achievement of the purpose of the contract, Ampelpublishing shall be liable without limitation for any damages caused by its fault. Likewise, Ampelpublishing shall be liable for damages due to the absence of warranted characteristics, in the event of injury to life, body or health, as well as for claims under the Product Liability Act. In all other respects there is a liability of
5.5.
In case of liability for damages due to negligent breach of cardinal obligations, the liability of Ampelpublishing is limited to the typically foreseeable damage, which usually does not exceed the purchase price of the goods. In this case, Ampelpublishing shall also not be liable for damages that have not occurred to the goods themselves, in particular lost profits or other financial losses.
5.6.
In the event that individual copies cannot be delivered for reasons for which Ampelpublishing is not responsible, Ampelpublishing will make subsequent deliveries. Further compensation is excluded in this respect.
6. data protection
Unless you have expressly consented to further processing and use, Ampelpublishing processes and uses personal data only to the extent and for as long as permitted by law, in particular to process and invoice the order. Any consent given to use your data for commercial purposes can be revoked at any time with effect for the future. You can find more details in the data protection information.
7. final provisions
7.1 Server time
If a date and/or time is decisive for declarations and legal transactions, the displayed server date and time of the selling online store is decisive.
7.2 Applicable law
German substantive law shall apply to the exclusion of the rules of conflict of laws. UN sales law does not apply, not even as part of German law. This also applies if the customer orders or accesses downloads from outside Germany.
7.3 Place of jurisdiction
The place of jurisdiction for all claims in connection with an order is Koblenz, Germany, if the customer does not have his residence or habitual abode in Germany or moves there or if the customer is not a consumer in the sense of §7 12 BGB. Ampelpublishing is also entitled to take legal action at the general place of jurisdiction of the
7.4 Subcontractors, Assumption of Contract
Ampelpublishing is entitled to entrust third parties with the provision of the agreed services in whole or in part at any time. In addition, Ampelpublishing may transfer its rights and obligations under this contract to one or more third parties (transfer of contract). In the event of a transfer of the contract, the Customer shall be entitled to terminate the contract without notice.
7.5 Reservation of set-off
The customer may only offset claims that have been legally established or recognized in writing by Ampelpublishing. A right of retention of the customer is excluded. The assignment of claims of the customer against Ampelpublishing requires the prior written consent of Ampelpublishing in order to be effective.
7.6 Written form
Agreements between Ampelpublishing and the customer that deviate from these General Terms and Conditions must be made in writing in order to be effective; this also applies to a waiver of the written form requirement.
7.7 Severability clause
Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
7.8 Amendment of the GTC
Ampelpublishing is entitled to change these GTC at any time with effect for the future. The GTCs of Ampelpublishing currently stored at the time of the order shall apply.
Status: August 7, 2023
Information about online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
https://ec.europa.eu/consumers/odr/
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
Terms and Conditions Ampelpublishing
For orders of goods (e.g. books and magazines) or downloads (e.g. e-paper, audio books) offered by Ampelpublishing, only the following terms and conditions apply in the version valid at the time the order is placed.
1. contracting party, customer service
Contractual partner of the orders is Ampelpublishing, unless it is pointed out in the article description that the article is offered by a different seller. In these cases, only the seller named there will be the contractual partner. If applicable, the deviating contract partner's own terms and conditions are stored in the item description and will then apply. If no deviating GTC are stored, the GTC of Ampelpublishing apply accordingly.
Ampelpublishing: Registered office Am Kapellchen 18, 56283 Nörtershausen, Germany, VAT ID: DE 329 337 384. Ampelpublishing is represented by Guido Lange.
You can reach Ampelpublishing under:
Ampelpublishing - Guido Lange
At the chapel 18
56283 Nörtershausen
Germany
T: +49 171 319 35 48
E: guido.lange@ampelpublishing.de
2. orders (goods and downloads in general)
2.1 Conclusion of contract
In the case of orders for goods, the contract shall not be concluded until the goods have been dispatched. The electronic confirmation displayed in the online store after completion of the order is not yet an acceptance, but only informs about the receipt of the order in the system of Ampelpublishing.
In the case of orders for downloads, the contract is usually already concluded upon confirmation of the order by e-mail, but no later than upon provision of the download.
If Ampelpublishing is not able to fulfill an order or rejects the order, the customer will be informed immediately. There is no claim to the conclusion of a contract.
Typing or calculation errors on websites or other advertising material as well as delivery obstacles on the part of the publishers entitle Ampelpublishing to withdraw from the contract.
2.2 Payment
The customer is obligated to make payment. Unless otherwise agreed, payments are to be made without deduction to the accounts stated on the invoice.
If a product is no longer available, the contract will not be concluded; in this case Ampelpublishing will inform the customer immediately and refund any payments made.
Payments are due upon invoicing and then payable within a period of 30 days after the invoice date. Only the payment methods offered as part of the order will be accepted. All prices quoted are inclusive of statutory value added tax; they are always payable in euros.
2.3 Price increase
If suppliers increase the price or if there is a fluctuation in the exchange rate between the Euro and the currency of the country of origin of the title, Ampelpublishing is entitled to increase the price in case of an upward change.
2.4 Reversal of direct debit, dishonored checks
In case of return or dishonor of a direct debit, the customer hereby irrevocably authorizes his bank to inform ip of his full name and current address. A cancellation or the exercise of a right of revocation does not entitle the customer to recover amounts paid by direct debit by the
Chargeback costs resulting from unpaid direct debit shall be borne by the customer. Ampelpublishing is entitled to suspend the delivery of products for the period of a payment delay and in case of a delay to charge the legal interest on arrears as well as a reminder fee of 2.50 Euro per reminder; the latter does not apply to the reminder by which the Customer first falls into arrears.
Costs incurred by Ampelpublishing due to dishonored checks may be passed on to the Customer by Ampelpublishing, unless the Customer is not responsible for this.
2.5 Delivery/provision
Goods will be delivered by mail exclusively to the postal address specified by the customer in the order. The delivery is made under the reservation that Ampelpublishing itself is supplied correctly and in time by the publishers. In the case of goods from suppliers, delivery will be made after receipt of the goods by Ampelpublishing. Delivery is made at the expense and risk of the customer from the time of delivery to the customer. Delivery will be made within 5 working days, unless otherwise stated in the product description. However, possible additions to the product will generally not be delivered before Ampelpublishing has received the payment.
When ordering downloads, they will be made available in the "My Customer Account" area of the respective online store. Ordered downloads are usually provided immediately after payment of the price. Ampelpublishing provides the download of the digital product for at least one week. The number of downloads can be limited. If a limitation is made, it will be apparent in the offer.
In the event of delivery disruptions due to force majeure (including strikes and lockouts), the performance obligations of the Customer and Ampelpublishing will be suspended for the duration of the delivery disruption. The delivery of possible additions will take place as long as stocks last. In this respect, Ampelpublishing reserves the right to make a substitute delivery of equal value.
2.6 Shipping costs/delivery costs
When ordering goods, Ampelpublishing charges delivery costs for the physical shipment depending on the chosen shipping method, the location of the recipient and the weight of the goods. Possible additional taxes and customs duties are always to be paid by the customer.
No additional delivery costs will be charged when ordering downloads.
2.7 Delivery in case of age restriction
Prior to the delivery and transport of products with an age rating of 18 years or older, the customer agrees to perform an age verification procedure specified by Ampelpublishing. If the customer declares in lieu of an oath that there are no minors living in the household and that no minors have access to the consignments delivered to him, the goods with an age rating of 18 years and above will be transported in the sealed shipping envelope in the same way as the other goods. If the customer states that minors live in his household or that minors have access to the consignments delivered to him, goods will be transported in the name of and also for the account of the customer exclusively by registered mail/hand delivery. The costs for registered mail/hand delivery of Deutsche Post AG amount to € 6.00 per shipment and are to be borne by the customer.
2.8 Reservation of ownership/rights
Ordered goods remain the property of Ampelpublishing until full payment of the agreed remuneration.
In the case of download orders, the corresponding rights of use are only granted revocably until full payment has been made.
3. additional conditions for download orders
3.1 Rights of use to downloads
With the provision or transmission of the individual digital contents (in short: downloads), the customer receives the simple right to use the downloads for his own purposes. Any further use - in particular the publication on the Internet as well as the unauthorized duplication, distribution or making available of the downloads via the Internet, whether free of charge or against payment - is not permitted. The same applies to the removal of copyright information and source references as well as other processing or manipulation of the download. The rights of use granted are not transferable or sublicensable and are subject to full payment. Legally permissible uses according to the copyright law are not restricted.
3.2 Updates of downloads
Ampelpublishing is entitled to revise, update or otherwise change the contents of the downloads at any time if this should be necessary for technical, legal or content-related reasons.
3.3 Data backup and data availability
Ampelpublishing keeps all purchased digital data available for a reasonable period of time. However, an unlimited data backup and data availability cannot be guaranteed. The customer should therefore store his downloads in parallel locally on connected end devices. The customer will be informed explicitly and with reasonable advance notice if downloads can no longer be provided by Ampelpublishing in the future. Ampelpublishing endeavors to keep the ordered downloads available as uninterrupted as possible. Due to maintenance and repair work as well as system updates or technical failures that are beyond the control of Ampelpublishing, the availability may be limited. A guarantee for the availability at any time is not given.
3.4 Necessary requirements - account, internet access and storage space
The retrieval of ordered downloads is possible via the respective online store and requires a corresponding registration as well as an access to the internet. As minimum bandwidth a DSL access of at least 2000 kBits/s is recommended. In addition, the customer shall ensure that on his end device (e.g. computer) he can establish (1.) Internet connections to external servers without any restrictions and (2.) that it is possible to store the downloads, in particular that sufficient free storage space is available.
3.5 Necessary requirements - display software
In addition, special software may be required to view the downloads (e.g. Adobe PDF Reader), for which additional terms of use and licensing conditions may apply. Please refer to the respective product description for more details, in particular information on the software version required to view the download. The customer shall ensure that he is able to install the required software on his computer.
4. revocation instruction
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the first goods.
In order to exercise your right of withdrawal, you must inform us (Ampelpublishing, Am Kapellchen 18, 56283 Nörtershausen, Germany, phone: +491713193548, e-mail: guido.lange@ampelpublishing.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form (see at the end of the General Terms and Conditions), which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Ampelpublishing, Am Kapellchen 18, 56283 Nörtershausen, Germany without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To
Ampelpublishing
Guido Lange
At the chapel 18
56283 Nörtershausen
Germany
E-Mail: guido.lange@ampelpublishing.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
_______________________________________________
_______________________________________________
Ordered on ___________________ (*)/received on _______________________(*)
Name consumer:in ______________________________________
Address consumer:in
_________________________________
_________________________________
_________________________________
_________ _____________________________________________________
Date Signature consumer:in (only for paper communication)
_____________________________________________________________________________________
(*) delete as applicable
5 Warranty / Liability
5.1.
The content is created in Germany and for German speaking customers. Ampelpublishing is therefore liable for the permissibility of the content according to German law and accordingly guarantees that the content does not violate the rights of third parties or is otherwise illegal according to German law. If the customer accesses the downloads from outside of Germany, it is the customer's responsibility to check whether the use of the content is permissible according to the legal system of the country of access.
5.2.
Ampelpublishing does not assume any warranty towards the customer for the correctness or completeness of the contents, as far as there is no intentional or grossly negligent illegal action and as far as such an exclusion of warranty is legally permissible.
5.3.
If the delivered goods or the download provided is defective, the statutory warranty provisions shall apply; the assignment of corresponding claims is excluded. Likewise, further claims - irrespective of their legal basis - shall be excluded unless otherwise provided for in the following paragraphs.
5.4.
In case of breach of cardinal obligations, i.e. such obligations whose compliance is of particular importance for the achievement of the purpose of the contract, Ampelpublishing shall be liable without limitation for any damages caused by its fault. Likewise, Ampelpublishing shall be liable for damages due to the absence of warranted characteristics, in the event of injury to life, body or health, as well as for claims under the Product Liability Act. In all other respects there is a liability of
5.5.
In case of liability for damages due to negligent breach of cardinal obligations, the liability of Ampelpublishing is limited to the typically foreseeable damage, which usually does not exceed the purchase price of the goods. In this case, Ampelpublishing shall also not be liable for damages that have not occurred to the goods themselves, in particular lost profits or other financial losses.
5.6.
In the event that individual copies cannot be delivered for reasons for which Ampelpublishing is not responsible, Ampelpublishing will make subsequent deliveries. Further compensation is excluded in this respect.
6. data protection
Unless you have expressly consented to further processing and use, Ampelpublishing processes and uses personal data only to the extent and for as long as permitted by law, in particular to process and invoice the order. Any consent given to use your data for commercial purposes can be revoked at any time with effect for the future. You can find more details in the data protection information.
7. final provisions
7.1 Server time
If a date and/or time is decisive for declarations and legal transactions, the displayed server date and time of the selling online store is decisive.
7.2 Applicable law
German substantive law shall apply to the exclusion of the rules of conflict of laws. UN sales law does not apply, not even as part of German law. This also applies if the customer orders or accesses downloads from outside Germany.
7.3 Place of jurisdiction
The place of jurisdiction for all claims in connection with an order is Koblenz, Germany, if the customer does not have his residence or habitual abode in Germany or moves there or if the customer is not a consumer in the sense of §7 12 BGB. Ampelpublishing is also entitled to take legal action at the general place of jurisdiction of the
7.4 Subcontractors, Assumption of Contract
Ampelpublishing is entitled to entrust third parties with the provision of the agreed services in whole or in part at any time. In addition, Ampelpublishing may transfer its rights and obligations under this contract to one or more third parties (transfer of contract). In the event of a transfer of the contract, the Customer shall be entitled to terminate the contract without notice.
7.5 Reservation of set-off
The customer may only offset claims that have been legally established or recognized in writing by Ampelpublishing. A right of retention of the customer is excluded. The assignment of claims of the customer against Ampelpublishing requires the prior written consent of Ampelpublishing in order to be effective.
7.6 Written form
Agreements between Ampelpublishing and the customer that deviate from these General Terms and Conditions must be made in writing in order to be effective; this also applies to a waiver of the written form requirement.
7.7 Severability clause
Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
7.8 Amendment of the GTC
Ampelpublishing is entitled to change these GTC at any time with effect for the future. The GTCs of Ampelpublishing currently stored at the time of the order shall apply.
Status: August 7, 2023
Information about online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
https://ec.europa.eu/consumers/odr/
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
Payment methods
Die Box kann unter tpl_modified_responsive/boxes/box_miscellaneous.html verändert werden. Die Sprachvariablen befinden sich in der Datei tpl_modified_responsive/lang/german/lang_german.custom.
AmpelPublishing © 2024 | Template © 2009-2024 by modified eCommerce Shopsoftware