General Terms and Conditions
- General
(1.1) Scope
These General Terms and Conditions apply in the version in force at the time the contract is concluded to all business relationships between us (6-Minuten Verlag GmbH, Marienburger Str. 1, 10405 Berlin, represented by its managing director: Mr Dominik Spenst) and you. If you use conflicting General Terms and Conditions, they are hereby expressly rejected.
(1.2) Contractual Agreement
The language of the contract is German.
(1.3) Conclusion of Contract
(1.3.1) Online Shop
The presentation of the range in our online shop is initially non-binding and without obligation. The ordering process consists of four steps in total. In the first step, you select the goods you want. In the second step, you can either enter your delivery address in the shopping cart or select the "Express Checkout PayPal" option.
If you have entered your delivery address, in the third step you select the shipping method, then choose a payment method and can enter a different billing address if applicable.
If you have selected the " Express Checkout PayPal" option, you will first be redirected to PayPal. There you log in with your PayPal login details and click "Continue". This does not yet create a payment obligation, but in the next step leads back to our online shop.
In the fourth step, you have the opportunity to review all information (e.g. name, address, payment method, ordered items) once more and correct any input errors before confirming your order by clicking the button "Place order with payment obligation" or "Pay with PayPal". With the order, you make a binding contractual offer. We will confirm receipt of the order immediately. This confirmation of receipt does not yet constitute a binding acceptance of your order. We are entitled to accept the contractual offer contained in your order within two days after receipt of the order by email, fax, telephone, post or by sending the goods. With acceptance, the contract is concluded and, if you have selected payment by deduction via PayPal, this will then be executed.
The text of the contract will be stored by us and sent to you in text form (e.g. email, fax or post) together with the present General Terms and Conditions and customer information after you submit your order. However, you will no longer be able to access the text of the contract via the website after submitting your order. You can print the relevant website with the text of the contract using the browser's print function.
(1.3.2) Individual Conclusion of Contract
The contract is concluded individually by offer and acceptance. Unless otherwise agreed, the usual process applies, whereby you make an inquiry to us and we then provide you with a binding offer, which you can then accept within two weeks. With acceptance, the contract is concluded. We do not store the text of the contract separately, but the contract content is determined individually in each case from the agreement made.
(1.4) Subsequent Amendment of the General Terms and Conditions
We are entitled to subsequently adapt and supplement the General Terms and Conditions for existing business relationships insofar as changes in legislation or case law require it or other circumstances lead to the contractual equivalence being not only insignificantly disrupted. A subsequent amendment of the General Terms and Conditions will become effective if you do not object within six weeks after notification of the amendment. We will expressly inform you at the start of the period about the effect of your silence as acceptance of the contractual amendment and grant you the opportunity to make an express declaration during the period. If you object within the period, both we and you may terminate the contractual relationship extraordinarily, unless we continue the contractual relationship under the old General Terms and Conditions.
- Delivery
(2.1) Partial Deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, in the event of partial deliveries, no additional shipping costs will be incurred by you.
(2.2) Delivery and Performance Delays
Delivery and performance delays due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented even with the utmost care and for which we are not responsible (this includes, in particular, strikes, governmental or judicial orders, e.g. in the event of pandemics, and cases of incorrect or improper self-supply despite a corresponding covering transaction), entitle us to postpone the delivery by the duration of the impeding event.
(2.3) Exclusion of Delivery
PO box addresses will not be delivered to.
(2.4) Delay in Acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for default or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.
(2.5) Performance Period
Unless expressly agreed otherwise, we will deliver within 5 days. The start of the period for delivery is, in the case of advance payment, the day after the issuance of the payment order to the remitting credit institution or, in the case of payment on delivery or purchase on account, the day after the conclusion of the contract. The period ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday, or a generally recognised public holiday at the place of delivery, the period ends on the next business day.
- Payment
(3.1) Prices and Shipping Costs
All prices include VAT. In addition, the separately stated costs for packaging and shipping apply, unless collection by you at our business premises is agreed.
(3.2) Payment Default
You will be in default with payment if payment is not received by us within two weeks after receipt of the invoice. In the event of payment default, interest at a rate of 5 percentage points above the European Central Bank's base rate, or 9 percentage points above the European Central Bank's base rate for legal transactions in which a consumer is not involved, will be calculated. If you are in default with your payments, we reserve the right to charge a late payment fee of 2.50 euros. We reserve the right to claim any further damages. You retain the opportunity to prove that we have incurred no or a lower damage.
(3.3) Right of Retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
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Right of Withdrawal Policy for Consumers in Distance Contracts
Right of Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods / the last goods.
To exercise your right of withdrawal, you must inform us (6-Minuten Verlag GmbH, Marienburger Str. 1, 10405 Berlin, Telephone: +49 176 32236890, Email: hallo@6minutenverlag.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, although it is not mandatory.
To meet 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 Withdrawal
If you withdraw from this contract, we will refund you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this refund. We can refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the withdrawal from this contract. The period is met if you send the goods before the expiry of the fourteen-day period. You bear the immediate costs of returning the goods.
You only have to bear any loss in value of the goods if this loss in value is due to handling of them that is not necessary for checking the condition, properties and functionality of the goods.
- End of Right of Withdrawal Policy -
Exclusion of the Right of Withdrawal
The right of withdrawal does not exist for contracts for the delivery of goods that are not pre-fabricated and for whose manufacture an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded.
Special Notes on the Early Expiry of the Right of Withdrawal
For contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires early if the seal of the goods was removed after delivery. For contracts for the delivery of sound or video recordings or computer software in sealed packaging, your right of withdrawal expires early if the seal was removed after delivery. Your right of withdrawal expires early if we have fully provided the service and have only started the performance of the service after you have given your express consent and have at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.
- Your Responsibility for Custom Prints
(5.1) General
You are exclusively responsible for the content and accuracy of the data and information you submit. You also undertake not to submit any data whose contents violate the rights of third parties or contravene existing laws. By transmitting data to us, you confirm that you have complied with the copyright provisions.
(5.2) Indemnification
You hold us harmless from all claims made against us by third parties due to such violations. This also includes the reimbursement of costs for necessary legal representation.
(5.3) Data Backup
You are jointly responsible for the backup of the transmitted information. We cannot be held responsible for the loss of your transmitted information, as we do not assume a general data backup guarantee.
- Warranty
(6.1) Warranty Claim
Statutory warranty rights apply. A warranty claim can only arise in respect of the condition of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to a warranty claim. In particular, technical and design deviations may occur in respect of the descriptions, representations and information in our offers, brochures, catalogues, website and other documents (e.g. colour, weight, dimensions, design, scale, positioning, etc.), provided that such changes are reasonable for you. Such reasonable grounds for change may arise from commercially acceptable fluctuations and technical production processes. Where warranties are provided in addition to the warranty claims, you will find their exact terms and conditions with the respective product. Possible warranties do not affect the warranty rights. You are obliged to make the defective goods available to us for the purpose of supplementary performance.
(6.2) Warranty to Consumers
The risk of accidental loss or deterioration of the sold goods passes to you only upon delivery of the goods. If you discover that the outer packaging arrives damaged or if you notice damage after receiving the goods, please inform us. However, there is neither an obligation to make such a notification, nor are the warranty rights affected by a failure to do so. If the goods are defective, you may choose to request supplementary performance in the form of repair or replacement within a reasonable period. We bear the costs of taking back the goods to be replaced.
(6.3) Warranty to Entrepreneurs
For entrepreneurs, contrary to the statutory warranty provisions, in the event of a defect, we shall provide supplementary performance in the form of rectification or replacement at our own discretion. The risk of accidental loss or deterioration of the item passes to you upon delivery to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately upon discovery in writing; otherwise, the warranty claim is excluded. Timely dispatch is sufficient to meet the time limit. The entrepreneur bears the full burden of proof for all requirements of the claim, in particular for the defect itself, the time when the defect was discovered, and the timeliness of the notice of defects.
(6.4) Rights in the Event of a Non-Material Defect
In the event of a non-material defect only, you shall have the right to a reasonable reduction of the purchase price to the exclusion of the right of withdrawal.
(6.5) Damages for Defects
No warranty is provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.
(6.6) Limitation Period
For consumers, the statutory limitation periods apply unless a different limitation period has been expressly agreed for used goods. For entrepreneurs, the warranty for used goods is excluded, and for new goods, it is 1 year. The right of recourse under Section 478 of the German Civil Code is excluded from this. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the event of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.
- Liability
(7.1) Exclusion of Liability
We, as well as our legal representatives and vicarious agents, shall only be liable for intent or gross negligence. In respect of material contractual obligations (i.e. obligations whose fulfilment is of particular importance for the achievement of the contract's purpose), liability shall also extend to slight negligence. Liability shall be limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-material contractual obligations, we shall only be liable to entrepreneurs for foreseeable, contract-typical damage.
(7.2) Liability Reservation
The above exclusion of liability does not affect liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
- Final Provisions
(8.1) Jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a trader, a public law entity, or a special fund under public law.
(8.2)Choice of Law
Unless mandatory statutory provisions of your home law provide otherwise, German law is agreed to apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(8.3)Consumer Dispute Resolution Procedure
The EU Commission has created an online dispute resolution platform for disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
(8.4) Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
