§ 1 General, Scope
1.1 All offers, deliveries and services of Eugen G. Leuze Verlag KG, Karlstraße 4, D-88348 Bad Saulgau (hereinafter „LEUZE VERLAG“) via the online-platform www.galvanotechnik-for-you.de are made exclusively on the basis of these terms and conditions in their version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply. Individual agreements always have priority.
1.2 Customers according to these General Terms and Conditions are both consumers and entrepreneurs. Consumers are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs, on the other hand, are natural or legal persons or partnerships with legal capacity who, when concluding a contract with LEUZE VERLAG, act in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of the contract
2.1 Offers from the online platform of the LEUZE VERLAG are non-binding and do not constitute legally binding offers. Only the order by the customer is a binding offer according to § 145 German Civil Code (BGB), which LEUZE VERLAG can accept. After the order has been transmitted by the customer, LEUZE VERLAG sends an order confirmation and then a contract confirmation by e-mail. The contract only becomes binding upon delivery of the confirmation of the contract.
2.2 Products and offers (learning courses) on the online platform can be viewed more closely without obligation by clicking on the product name or product image. By clicking the button [BUY THIS COURSE] another view appears with the order overview. You can choose your payment method. With bank transfer the input of your personal data is sufficient. With PayPal you will be redirected to the homepage of PayPal. Click on the button [BUY NOW]. We will then send you an order confirmation by e-mail.
§ 3 Storage of the contract text
3.1 The order and the order data entered are stored by LEUZE VERLAG. Customers also have the option of printing out both the order and the General Terms and Conditions before sending the order to LEUZE VERLAG. After all, customers have access to their orders at any time via their customer account, if created.
§ 4 Right of Withdrawal for Consumers
4.1 The following right of withdrawal exists only for consumers in distance selling:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period begins from receipt of this revocation instruction in text form, but not before receipt of the goods by the recipient.
To exercise your right of withdrawal, you must contact us (Eugen G. Leuze Verlag KG, Karlstrasse 4, D-88348 Bad Saulgau, Phone + 49/7581 / 4801-0, Fax + 49/7581 / 4801-10, E-mail email@example.com) by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall repay to you all payments received from you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
§ 5 Muster-Widerrufsformular
(If you want to cancel the contract, please fill out this form and send it back.)
Eugen G. Leuze Verlag KG
D-88348 Bad Saulgau
I/we (*) hereby revoke the contract of sale concluded by me/us (*)
of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only for paper communication)
(*) Unzutreffendes streichen.
§ 6 Prices and shipping costs
6.1 All prices are valid including the legal value added tax.
§ 7 Terms of delivery
7.1 We deliver worldwide.
§ 8 Terms of payment
9.2 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the object of purchase until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security interests are transferable to third parties.
9.2 In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims arising from the business relationship with the purchaser have been settled. The corresponding security interests are transferable to third parties.
§ 9 Warranty
9.1 If you are a consumer, the warranty shall be in accordance with the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 The customer shall inspect released courses immediately after they have been released, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the course shall be deemed to have been approved, unless the defect was not identifiable during the examination. If such a defect becomes apparent later, the notification must be made immediately after discovery, otherwise the goods shall also be deemed to have been approved in view of this defect. § 377 HGB remains unaffected. The customer shall not be released from his obligation to inspect, even in the event of recourse by the entrepreneur pursuant to § 478 BGB. Zeigt er in solchen Fällen den von seinem Abnehmer geltend gemachten Mangel nicht sofort an, so gilt die Ware auch in Ansehung dieses Mangels als genehmigt.
9.2.2 If a defect exists, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. In the case of these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This clause shall not apply in the event of recourse pursuant to § 478 BGB.
9.2.3 In the event of subsequent performance in the event of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labour and material costs, to the extent that these are not increased by the fact that the item was taken to a location other than the customer's registered office or commercial branch to which delivery was made.
9.2.4 The customer's warranty claims, including claims for damages, shall become statute-barred after one year. This shall not apply in the event of recourse pursuant to § 478 BGB, nor shall it apply in the event of §§ 438 para. 1 no. 2 BGB or § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
§ 10 Liability for damages and reimbursement of expenses
10.1 If you are a consumer, we shall be liable for damages in accordance with the statutory provisions.
11.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to sections 10.2 to 10.8:
10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
10.2.2 If we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the attainment of the purpose of the contract and on the observance of which the customer regularly relies, liability shall be limited to the foreseeable, typically occurring damage.
10.2.3 Unless otherwise stipulated in clauses 10.2.1 and 10.2.2, our liability for damages is excluded. The same shall also apply if recourse claims are asserted against us as supplier in accordance with § 478 BGB (German Civil Code).
10.3 The exclusions and limitations of liability under Item 10.2 shall also apply to other claims, in particular tortious claims or claims for reimbursement of futile expenses in lieu of performance.
10.4 The exclusions and limitations of liability under Clause 10.2 shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They shall also not apply if we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the case of guarantee has occurred or the procurement risk has materialised.
10.5 We shall only be liable for the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
10.6 Unless the limitation of liability pursuant to clause 10.2 applies to claims arising from producer liability pursuant to § 823 BGB (German Civil Code), our liability shall be limited to the compensation paid by the insurance company. Soweit diese nicht oder nicht vollständig eintritt, sind wir bis zur Höhe der Deckungssumme zur Haftung verpflichtet. This clause shall not apply in the event of culpable injury to life, limb or health.
10.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
10.8 A reversal of the burden of proof is not associated with the above provisions.
§ 11 Legal system, place of jurisdiction
11.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2 For customers who conclude the contract for a purpose which cannot be attributed to professional or commercial activity (consumer), this choice of law does not affect the mandatory provisions of the law of the country in which the customer has his habitual residence.
11.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company in D-88348 Bad Saulgau.
11.4 We herewith draw your attention (firstname.lastname@example.org) to the platform for online dispute resolution (OS) of the European Commission. The OS platform can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/. We are not obliged and in principle not prepared to participate in a dispute settlement procedure of the consumer arbitration bodies.
§ 13 Miscellaneous
12.1 The contract language is German.
13.2 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.