§ 1 Area of application
| 1. |
These general terms and conditions are valid for all business relations between the Hippos Lehr-Hörbuch Verlag KG (in the following: Publishing company LHB) and his customer in the respective version current at the time of the conclusion of the contract. |
| 2. |
These terms of business also find application if in particular cases expressly on it reference is not made. |
| 3. |
Our general terms and conditions are valid exclusively. Conflicting or from our terms of business deviant conditions of the customer are not recognised, unless, the publishing company LHB has agreed to these in particular cases expressly in writing. |
| 4. |
Changes, enlargements or restrictions of these general terms and conditions including this regulation are only legally effective if they are confirmed by the publishing company LHB and the confirmation is documented. |
| 5. |
"Customers" for the purposes of these terms of business are all buyers of goods, products or other deliveries of the publishing company LHB, no matter, whether it around "consumers" in terms of Ziff. 6 or "entrepreneurs" in terms of following Ziff. 7 trades. |
| 6. |
"Consumers" for the purposes of these terms of business are natural people who order at the publishing company LHB product and deliveries for a purpose which lies beyond her commercial or her independent, professional activity. |
| 7. |
"Entrepreneurs" for the purposes of these terms of business are natural or legal persons or personal communities who order at the publishing company LHB product or deliveries for a purpose which lies within the scope of the exercise of her commercial or independently professional activity. |
§ 2 Registration
| 1. |
Every goods order assumes a previous registration of you as a customer at the publishing company LHB. A multiple registration under different name or addresses is inadmissible. |
| 2. |
A successful registration assumes an approval of the general terms and conditions as well as the regulations to the data security. After successful finishing of the registration procedure the customer is admitted by the publishing company LHB to the system. |
| 3. |
Their registration to our on-line shops follows free of charge. A claim to registration to our on-line shops does not exist. Contractually capable people are eligible solely unrestrictedly. The dates necessary for the registration are entire from you and truthful to brag. |
| 4. |
With the registration you choose a personal user's name and a password. The user's name may offend neither against right third nor against other name and brands rights or the good customs. You are obliged to keep secret the password and on no account to inform this third. |
| 5. |
Apart from the explanation of your consent with the validity of these general terms and conditions your registration is connected with no liabilities. Only with the registration with us no purchase commitment exists concerning the goods offered by us. |
| 6. |
As far as your personal specifications change, you yourselves are responsible for their actualisation. You can carry out all changes on-line in your account. |
| 7. |
A successful registration assumes an approval of the general terms and conditions as well as the regulations to the data security. After successful finishing of the registration procedure the customer is admitted to the system. |
| 8. |
The registration can be revoked by the publishing company LHB any time and without giving reasons. In this case the publishing company LHB is entitled to close the e-mail address used in the personal Login area and the corresponding password immediately. |
§ 3 Realisation of the contract
| 1. |
The representation of the range of the publishing company LHB, on computers retrievable on the Internet, shows no offer iSd §§145 and the following to Civil Code. |
| 2. |
While the customer sends an order by confirmation (click) of the buying badge to the publishing company LHB, he hands in an offer iSd §145 to Civil Code. The customer receives a confirmation of the reception of the order by e-mail. The publishing company LHB will point to the customers if necessary separately to possible mistakes in the specifications to the range on the website and present to him a corresponding counteroffer. |
| 3. |
The contract with the publishing company LHB comes about if the publishing company LHB accepts this offer. The acceptance follows under the reservation of the availability of the ordered product or performance. The explanation of the acceptance by the publishing company LHB towards the customer is not necessary; the customer renounces in this respect this iSv §151 p. 1 Civil Code. If the publishing company LHB cannot accept the offer of the customer, this is informed of the customer in electronic form. |
| 4. |
LHB Publishing company delivers basically after prepayment. A payment is possible with Paypal or referral. |
§ 4 Delivery
| 1. |
The hearing books are delivered in the MP3 format on memory media (e.g., CD, DVD), besides, we calculate 3.90 euros of forwarding expenses. These CD's, DVD's are constructed etc. speziel by customer request. Therefore, no cancellation is possible. |
| 2. |
The customer receives immediately after payment entrance the download for his product ordered on the Internet released. As soon as the download of the hearing book is activated by the customer, the danger on him goes over. |
§ 5 Reservation of proprietary rights
| 1. |
Up to the entire settlement of all claims existing against the customers delivered product remains in the property of the publishing company LHB. |
§ 6 Maturity and payment
| 1. |
The publishing company LHB accepts only within the scope of the order process to the customer in each case to indicated methods of payment. |
| 2. |
The purchase price becomes due with conclusion of the contract. Foreign currency costs and own bank charges (foreign referral) are to be born basically by the customer. |
| 3. |
The customer is only entitled to the compensation, provided that and so far his counterclaims are ascertained legally, are recognised indisputable or from the publishing company LHB. |
| 4. |
It is not admissible without disposing of written licence of the publishing company LHB coupons or coupon codes, floating with it in any Wise trade or bringing purchased or auctioned coupons or coupon codes by the purchase in charge from third. |
| 5. |
All quoted prices contain the legal value added tax. The prices are valid from appearance of the price list and all former lists become invalid with appearance of a new price list. Price changes and prize mistakes are left. |
§ 7 Liability for defects
| 1. |
The publishing company LHB will answer for the shortages which exist by the handing over of the goods during a warranty period of 24 months according to the following rules. |
| 2. |
The customer will inform perhaps of appearing shortages the publishing company LHB immediately in writing. If one shortage to be represented by the publishing company LHB is given, the publishing company LHB will remove this by spare delivery. |
| 3. |
If the spare delivery misses, moreover the publishing company LHB is not able ready or not, or is delayed this after immoderate periods for reasons of which the publishing company LHB has to represent, the customer is entitled to withdraw regardless of any claims for compensation from the contract or to require a lowering of the purchase price. |
§ 8 Addresses
Geschäftsadresse:
Hippos Lehr-Hörbuch Verlag KG
Wernsdorfer Str. 16
08371 Glauchau
Tel.: +49 (0)3763 / 7773590
Fax: +49 (0)3763 / 172668
Komplementär: Chris Seidel
Kundendienst:
Hippos Lehr-Hörbuch Verlag KG
Wernsdorfer Str. 16
08371 Glauchau
E-Mail: verlag@lehr-hoerbuch.eu
§ 9 E-mail transport
| 1. |
As far as the contracting parties issue business declarations, contract explanations or explanations which stand in connection with the liquidation of a contract and this follows by electronic post (e-mail), herewith they recognise the unlimited, juridical effectiveness of the explanations transmitted on this way. |
| 2. |
The contracting partners undertake furthermore not to suppress the usual specifications contained in e-mail or to make anonymous or to handle in other form. In particular e-mail must contain the following specifications: Names and e-mail address of the sender, time of the sending (date and time) and reproduction of the name of the sender as a conclusion of the news. |
| 3. |
E-mail sent according to these criteria is valid under reserve of a rebutting evidence as from the other contracting party coming. |
| 4. |
All contract explanations, it is in written form or by electronic post, are to be written in German. |
§ 10 Terms of use
| 1. |
The customer assures of the observance of the following terms of use for our products. The publishing company LHB expressly reserves itself to pursue offence against these terms of use juridically. |
| 2. |
Our products are protected by copyright. The accompanying software programmes also unterfall to the protection after §§69a following Copyright Act. All rights which are not transferred to the user by these terms of use expressly are left. |
| 3. |
With the order of our product by the customer and the written acceptance by the publishing company LHB or access of the ordered product or the on-line call sign with the customer the not exclusive right of use the product will transfer to the customer. This right of use is valid for a customer and is not transferable (= user-related licence). |
| 4. |
To the customer the application, i.e. installation, call and company of the product on any computer, laptop, mp3 player, USB-Stick, Speicher-Card, CD-ROM, DVD, PDA or iPod is allowed. The use of the product by the customer on different computers, laptops, mp3-Playern, USB-Sticks, Speicher-Cards, CD-ROM's, DVD's, PDA's and iPod's is permitted if is made sure that these are used exclusively by the customer. |
| 5. |
The customer undertakes to use the product together with his contents only personally for own purposes and to transmit it not into three parts or to make third accessible. From this except the data output function allowed by proper product use is to solely own use. Every commercial passing on, in particular the selling, renting, leasing or rental companies of the product, is inadmissible. Every change of the product is prohibited and leads to the extinction of the right of use. |
| 6. |
The publishing company LHB is to be integrated entitled copy protection functions into his offered products. He can carry out changes and divergences of the product, provided that the contract purpose is not affected for the customer or only slightly. |
| 7. |
With access-supported on-line offers every customer has to invest to the use - provided that technically intended - individual access dates are responsible, for which secrecy he. If the use of the product for third becomes by an injury to be represented by the customers of the secrecy possible, the customer owes the licence fees resulting thereby and carries the damage originating from the use. |
| 8. |
If the customer injures regulations of these conditions of utilisation, the publishing company LHB can close the on-line access to the product any time. |
| 9. |
The customer is responsible for the provision of the Internet access and the suitable browser software. The availability of the product can be limited for technical reasons, possibly because of necessary servicing work or because of financial loss of the server, at times. |
§ 11 Responsibility
| 1. |
LHB Publishing company sticks unrestrictedly for deliberately or roughly negligently caused damages, with malicious concealment of shortages, by acquisition of a guaranty of quality, for claims on account of the product liability law as well as for body damages. |
| 2. |
Publishing company LHB sticks for other damages only, provided that a duty is injured whose observance for the reaching of the contract purpose of special meaning is typical (cardinal obligation) and provided that the damages on account of the contractual use of the product and foresee. |
| 3. |
In a such case the liability is limited to an amount by height of the double of the purchase price paid-up according to this contract. |
| 4. |
The publishing company LHB sticks for by the application of the product in other software, in computers or data carriers resulted damages only with intention or culpable negligence. The liability for the damages of the Kundens which could have been avoided by a proper one, to the rules of a material-appropriate EDP use corresponding date protection or servicing and support of the machines of the user is excluded. Of it legal shortage guarantee claims to subsequent performance, resignation or decrease remain untouched perhaps. |
| 5. |
With the arrangement of the date inventory and the production of the product became with the greatest possible care proceeded. Nevertheless, mistakes cannot be excluded. For faulty specifications and their results neither a content responsibility nor a liability can be taken over. |
| 6. |
A further liability, in particular for the damages which have not originated in the product themselves for loss of profit or other pecuniary detriments of the customer, is excluded. |
§ 12 Final regulations
| 1. |
This contract is defeated exclusively by the substantive law of the Federal Republic of Germany with the exception of the UN agreement about the international purchase movables. |
| 2. |
Provided that the customer is a businessman, high stone-Ernstthal is an exclusive jurisdiction for all claims in connection with the business relation. |
Glauchau, to the 10/2/2008 |
