Terms of service
1. Scope of Application, Definitions
1.1. The business relationship between 5Uhr30.com, Ecki Heuser, Thebäerstr. 34, 50823 Köln, Telephone: +49 (0)172 8184000, mail: firstname.lastname@example.org, owner Ecki Heuser, VAT identification number (USt-Identifikations-Nr.): DE154811593 (hereinafter the "Seller") and the customer (hereinafter the "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the Customer will not be accepted unless the Seller expressly agrees to their validity in writing.
1.2. The Customer is a consumer insofar as the purpose of the ordered deliveries and services is predominantly outside his trade, business or profession. On the other hand, an entrepreneur is any natural or legal person or partnership with legal personality who or which, when concluding the contract, acts in the exercise of his or its trade, business or profession.
2. Conclusion of Contract
2.1. The Customer can select products, in particular publications, posters and artist books from the product offerings of the Seller.
2.2. The selected products, with the exception of the artist books, are collected in a so-called shopping cart by clicking on the "Add to Cart" button. The Customer makes a binding offer to purchase the products in the shopping cart by clicking on the button "Pay Now". Before submitting the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by ticking the Terms and Conditions checkbox and has thereby included them in his offer.
2.3. The Seller then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed and which the Customer can print out using the "Print" function. This automatic confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute an acceptance of the offer. The contract is only concluded if and when the Seller submits a declaration of acceptance, which is sent with a separate e-mail (Receipt Confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the products, the contract text (consisting of order, General Terms and Conditions and contract confirmation) is sent to the Customer by the Seller on a durable medium (e-mail or paper printout) (Contract Confirmation). The contract text is stored in compliance with data protection regulations.
2.4. The contract for the purchase of artist books is not concluded via the shopping cart function on www.maxhetzler-publications.com, but via individualized communication. The corresponding products are marked by the button "Contact Us For More Information", which is used to contact the Seller to separately conclude the purchase contract in this case.
2.5. The conclusion of the contract and any communication take place in English.
3. Delivery, Availability
3.1. Any period for the delivery stated by the Seller shall be calculated from the date of the contract confirmation, subject to prior payment of the purchase price (except in the case of an on account purchase). Unless a different delivery period is specified for the respective products in the Seller’s web shop, the delivery period shall be up to two weeks in the European Union and up to four weeks for delivery addresses outside the European Union. If the end of the delivery period falls on a Sunday or a public holiday officially recognized at the place of delivery, the next business day shall take the place of the public holiday.
3.2. If the product selected by the Customer is not available at the time the order is placed, the Seller shall accordingly inform the Customer without undue delay.
3.3. If a contract has already been concluded, the Seller can rescind the contract in the case of a permanent unavailability of the product if he himself was not supplied or not supplied properly. This shall only apply if the Seller has placed his own order in a timely fashion and is also not responsible (Section 276 German Civil Code (BGB)) for the non-delivery. The Seller shall inform the Customer without undue delay about the permanent unavailability. Any consideration already paid will be refunded to the Customer without undue delay.
3.4. If the product specified by the Customer in the order is only temporarily not available, the Seller accordingly informs the Customer in the contract confirmation without undue delay.
3.5. The following delivery restrictions apply: The Seller only delivers to shipping addresses that can be supplied from Germany by Deutsche Post or DHL.
4. Retention of Title
The Seller retains legal title to any supplied product until the purchase price has been fully paid.
5. Prices and Shipping Costs
5.1. All prices stated on the Seller’s website include the applicable value-added tax.
5.2. The shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, unless otherwise indicated. If the Customer makes use of his right of withdrawal, the Seller shall bear the shipping costs.
5.3. The Customer has to bear the direct costs of the return in the case of a withdrawal.
6.1. Payment shall be made by credit card using the Stripe service in accordance with Stripe's General Terms and Conditions or by PayPal in accordance with PayPal’s General Terms and Conditions.
6.2. Payment of the purchase price is due immediately upon conclusion of the contract. The statutory provisions apply concerning the default interest.
6.3. The obligation of the Customer to pay default interest does not prevent the assertion of further default damages by the Seller.
7. Warranty, Guarantee
7.1. The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular Sec. 434 et seq. of the German Civil Code (BGB). For Customers acting as entrepreneurs, the warranty period for products delivered by the Seller is twelve months. This period does not apply to claims for damages by the Customer arising from death, injury to health or physical injury or from intentional or grossly negligent breaches of duty on the part of the Seller or its legal representatives or a person used to perform the Seller’s obligation. In this case, the statutory period shall apply.
7.2. An additional guarantee shall only exist for the products delivered by the Seller if this has been expressly stated in the contract confirmation for the respective product.
8.1. Claims of the Customer for damages are excluded. This does not apply to claims for damages by the Customer arising from death, injury to health or physical injury or from the breach of material contractual duties (cardinal duties) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or a person used to perform the Seller’s obligation. Material contractual duties are those the fulfilment of which is necessary to achieve the objective of the contract.
8.2. In the event of a breach of material contractual duties, the Seller shall only be liable for the foreseeable damage typical of the contract if such damage was caused by slight negligence, unless the claim to damages by the Customer is arising from death, injury to health or physical injury.
8.3. The restrictions of Sec. 8.1 and Sec. 8.2 also apply in favor of the legal representatives of the Seller and in favor of persons used to perform the Seller’s obligations.
8.4. The restrictions of liability resulting from Sec. 8.1 and Sec. 8.2 shall not apply if the Seller fraudulently concealed the defect or gave a guarantee for the quality of the product. The same applies if the Seller and the Customer have reached an agreement on the quality of the product (Beschaffenheitsvereinbarung).
8.5. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
9. Instruction on Right of Withdrawal
9.1. When concluding a distance contract (Fernabsatzvertrag), consumers generally have a statutory right of withdrawal about which the Seller informs them in the following in accordance with the statutory provisions. A template withdrawal form can be found in Sec. 9.2.
Instructions on Right of Withdrawal Consumer’s Right of Withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered by you in one order and delivered separately the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. In the case of a contract relating to delivery of a good consisting of multiple lots or pieces the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece. To exercise the right of withdrawal, you must inform us (5Uhr30.com, Ecki Heuser, Thebäerstr. 34, 50823 Köln, Telephone: +49 (0)172 8184000, mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached template withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9.2. The Seller provides the following information on the template withdrawal form in accordance with the statutory provisions.
Template Withdrawal Form (If you wish to withdraw from the contract, please fill in this form and send it back.) — To 5U Ecki Heuser, Thebäerstr. 34, 50823 Köln, Telephone: +49 (0)172 8184000, mail: firstname.lastname@example.org: — I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1), über den Kauf der folgenden Waren (*)/ die Erbringung der folgenden Dienstleistung (*) — Ordered on (1)/received on (1), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date (1) Delete as appropriate.
10. Final Provisions
10.1. The law of the Federal Republic of Germany shall govern the contracts between the Seller and the Customer. The UN Convention on the International Sale of Goods (CISG) shall not apply to this Agreement. If the Customer is a Consumer and has his or her habitual residence in another country, the Customer shall, however, continue to have the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law applicable in the state of the Customer’s habitual residence.
10.2. If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code (HGB)) or is a legal entity or special fund organized under public law, the courts at the registered office of the Seller have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
10.3. Should individual terms of the contract comprising these General Terms and Conditions be or become invalid or unenforceable or if the respective contract contains gaps, this shall not affect the validity of the remaining terms of the contract. In place of the invalid, unenforceable or missing term, such valid term which comes closest to Seller’s and Customer’s intention or which they would have reasonably agreed in light of the purpose of the respective contract, had they been aware at the conclusion of the contract that the relevant term was invalid, unenforceable or missing, shall be deemed to have been agreed with retroactive effect. Should a term of the contract be or become invalid because of the scope or time of performance for which it provides, then the agreed scope or time of performance shall be amended to correspond with the extent legally permitted.