Date: September 2014
A. Scope of Applicability
1. These Terms and Conditions (hereinafter “T&C”) are exclusively valid for all sales to purchasers or subscribers (“customers”) by Ebner Publishing International, Inc., 274 Madison Ave Suite 804, New York NY 10016, USA, (hereinafter: “Ebner Verlag”) that are transacted at Watchtime.com-Shop (“shop”), which is operated by Ebner Verlag and can be accessed from the website https://watchtime-shop.com,.
2. If a third party sells merchandise via the shop, the sale and shipping of these wares occurs in the name of and on the account of the third party and exclusively according to the third party’s terms and conditions of sales, which the customer must accept when he submits an order. Further information about such sales is contained in Section C.
3. Additionally, product-specific conditions of the Ebner Verlag may apply to sales transacted by Ebner Verlag: e.g. conditions related to the duration of a subscription may apply to the sale of subscriptions, and relevant usage conditions may apply to the sale of software. Such conditions are specified in the description of each product and the customer must separately agree to these conditions when he submits his order for the product.
4. If, in addition to the statutory warrantee regulations, the manufacturer of a product also offers a manufacturer’s guarantee, then the conditions of this guarantee conform to the terms specified by the manufacturer (i.e. the guarantee contract). This guarantee contract comes into being directly between the manufacturer and the customer. Ebner Verlag is not a contractual partner of the guarantee contract.
B. Sales by Ebner Verlag
1. Offer and Acceptance; Confirmation of Order; Conclusion of the Contract
1.1 Offer and Acceptance
The presentation and advertising of merchandise (including subscriptions, books, albums, other products and software) in the shop embodies only an invitation to the customer to submit an offer leading to the signing of a sales contract (an order). A binding order by the customer comes into being when the customer clicks the “Buy Now” button under Heading “6. Overview of Order” in the course of the ordering process.
1.2 Confirmations of Order
After Ebner Verlag receives the order, Ebner Verlag sends the customer an email in which Ebner Verlag confirms its receipt of the order (“order confirmation”). This email again lists the individual items which comprise the order. This order confirmation does not constitute an acceptance of either the customer’s order or the customer’s offer.
1.3 No Claim to Conclusion of Contract; Language of the Contract
A claim to conclusion of the contract does not exist. Ebner Verlag may reject the customer’s offer to conclude a purchase contract without citing a reason for the rejection. No language other than the German language shall be acceptable for the conclusion of the contract.
1.4 Conclusion of Contract
The contract regulating the sale of merchandise comes into being only after the merchandise has been delivered or, in the case of a subscription, only after the delivery of the first issue or after confirmation of its shipping, which will be sent via email to the email address that the customer has provided. No sales contract comes into being for products from one and the same order which are not listed in the confirmation of shipping.
The contract regulating the usage of software comes into being when the file is downloaded. If no derogations for the particular software result from the conditions of use, Ebner Verlag grants a simple right to use the software exclusively for private purposes. The customer is not entitled to lease, rent or loan the software to third parties.
2. Right of Cancellation; Costs of Returning the Merchandise in the Event of Cancellation; Exclusion
2.1 If the customer is a consumer, the customer is entitled to a right of cancellation as specified by the statutory regulations. A “consumer” is defined as a natural person who concludes a legal transaction for a purpose which cannot be assigned to that person’s commercial or freelance professional activity.
2.2 If the customer, as a consumer, chooses to exercise his right of cancellation, then the customer is obliged to pay the regular costs for return shipment of the merchandise in the event that the delivered merchandise corresponds to the ordered merchandise and the price of the item which is to be returned is not greater than 40 USD or, in case of a higher price for the item at the moment of cancellation, the customer has not yet exercised the quid pro quo or made a contractually agreed partial payment.
2.3. No right of cancellation, right of return, or other option to cancel the purchase after payment exists for merchandise marked with the phrase “Final Sale.” Exempt from this rule are wares which have been damaged during transport and arrive in damaged condition at the customer’s delivery address. To exercise the right to return damaged “Final Sale” merchandise, the customer must send a notice to email@example.com, immediately upon his acceptance of the delivered package; this notice must include the package’s number, the date when the delivery was accepted, the date of payment and a copy of the invoice . Ebner Verlag will then examine the case in question.
- Cancellation Policy -
Right to Cancellation
You can revoke your declaration of willingness to enter into a contract within 14 days, without specifying reasons for cancellation, by sending written notice of cancellation (e.g. a letter, a fax or an email) or, if the item has been put in your possession prior to the deadline, by returning the item. The 14-day interval begins after your receipt of this cancellation policy in textual form, but not before the merchandise has been received by its recipient (for recurrent deliveries of similar merchandise: not before the receipt of the first partial delivery) and also not before the fulfillment of our obligations to provide information. To comply with the deadline for cancellation, it suffices to send notification of cancellation prior to the deadline or to send the item on its return journey prior to the deadline. “Final Sale” merchandise is exempt from this (see Point 2.3). Also exempt are wares or services specified in Point 2.4.
The notice of revocation should be sent via email to firstname.lastname@example.org or via conventional post to Ebner Verlag (see the address at the top of this document).
Consequences of Cancellation
In the event of an effective cancellation, goods received by either party are to be returned and any benefits (e.g. interest) are to be reimbursed. If you cannot return or reimburse the received goods or services and the benefits to you (e.g. benefits ensuing upon their use), or if you can only partially return them or only return them in a worsened state, then you must provide us with compensation for same. You must provide us with compensation for the worsening of the item and for the usage that you have derived from it only insofar as the usage or the worsening can be attributed to a handling of the item which exceeds merely checking the characteristics and functions of the item. The phrase “checking the characteristics and functions” means testing and trying out the merchandise, for example, as is possible and usual prior to its purchase in a brick-and-mortar retail store. Items which can be sent as packages are to be sent on their return journey at our risk. You are obliged to pay the regular costs of returning the merchandise if the delivered merchandise corresponds to the merchandise specified in your order and if the price of the item that is to be returned does not exceed a sum of 40 euros or, in case the item has a higher price, you have not yet exercised the quid pro quo or made a contractually agreed partial payment at the point in time of the cancellation. In other cases, the return shipment is free of charge for you. Items which cannot be sent as packages will be picked up at your premises. Obligations to reimburse payments must be satisfied within 30 days: this interval begins for you when you send your declaration of revocation or when you send the item on its return journey to us; this interval begins for us when we receive the declaration or the item.
- End of Cancellation Policy -
2.4 Exclusion of Right of Cancellation
The right of cancellation does not exist for distance contracts:
• for the delivery of merchandise that has been fabricated according to the customer’s specifications or unambiguously bespoke to meet the customer’s personal needs or, due to its nature, is not suitable for a return journey, or could be quickly perishable, or has passed its expiration date;
• for the delivery of audio or video recordings or software insofar as the consumer has broken the seal on the delivered data medium;
• for the delivery of newspapers, journals and magazines, unless the consumer has submitted his contractual declaration via telephone or the minimum obligatory volume of a subscription contract exceeds a sum of 199.99 euros. The phrase “minimum obligatory volume” is to understood as the sum of all partial payments payable up until the earliest point in time when the contract could be ended by cancellation, or;
• insofar as the customer is an entrepreneur, i.e. a natural or legal entity or a business partnership that has legal capacity and which exercises his or its commercial or freelance professional activity by concluding the legal transaction.
3. Subscriptions: Maturity; Duration; Extension; Termination
Subscription contracts are concluded for the duration specified in the relevant product’s description. Unless otherwise specified in the relevant product’s description, each subscription fee is to be paid in full for its agreed interval.
3.2 Duration and Extension
Unless otherwise specified in the product’s description, the customer can cancel a subscription contract no later than six weeks prior to the end of the subscription’s term. Notice of proper termination must be submitted in text form. If a subscription contract is not cancelled, its term automatically extends for the term of the originally agreed interval.
3.3 Extraordinary Termination
The customer is entitled to an extraordinary right to terminate if monthly editions for which a subscription exists are not delivered in two consecutive months. In the event of an extraordinary termination, Ebner Verlag shall pay the customer a sum equivalent to the remaining percentage of the subscription price.
4. Prices; Conditions of Payment
4.1 All listed prices are understood to include the applicable statutory value-added tax (VAT) or sales tax, excluding the costs of shipping, if any such costs exist.
4.2 Each price, as well as the specified shipping costs (if any such costs exist), is payable immediately upon conclusion of the contract.
4. 3 For his payment, the customer is free to choose among the payment modalities offeres under Section "5. Payment Information."
5. Reservation of Ownership
The delivered products remain the property of Ebner Verlag until they have been fully paid for.
6. Limitation of Liability
6.1 In the event of intent and gross negligence, Ebner Verlag is liable for damages in their entirety.
6.2 Liability for ordinary negligence exists only in the event of damages resulting from injury to life, body or health, as well as for damages resulting from the breach of a contractual duty which must be fulfilled in order to properly transact the contract or whose breach endangers the achievement of the purpose of the contract and whose compliance the customer can regularly expect (“cardinal obligation”). In the event of negligent breach of cardinal obligations, the liability is limited to damages that are foreseeable and typical to contracts of this sort.
6.3 This does not affect a statutory strict (no-fault) liability, e.g. according to the Product Liability Act, and it also does not affect a liability from any assumption of a guarantee.
6.4 The legal representatives, employees and agents of Ebner Verlag shall not be liable to a greater extent than Ebner Verlag itself.
7. Place of Jurisdiction; Applicable Law
7.1 If the customer is a merchant in the sense of the HGB (German Commercial Code) or if he is a legal entity under public law, then the exclusive place of jurisdiction is Ulm, Germany.
7.2 Contracts concluded via the shop are exclusively subject to the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention. If the customer is a consumer, then the mandatory provisions of the country in which the customer habitually resides remain unaffected.
C. Sales by Third Parties
1. The presentation and advertising of merchandise in the shop by a third party is identified by the phrase “Sold and Shipped by…” in the context of the product’s description, including a link to the sales conditions of that third party.
2. Ebner Verlag makes the shop available to third parties only as a platform for the presentation, advertising, sale and shipping of merchandise by these third parties. Each third party is exclusively responsible for the merchandise that he uploads into the shop, for associated contents and specifications such as illustrations and descriptions of the product, for delivery times and for shipping costs (if any).
3. Sales by a third party occur in the name of and for the account of that third party. A contract comes into being exclusively between the third party and the customer; Ebner Verlag is not the contractual partner of the customer. For the sale and shipping of merchandise by a third party, only the sales conditions of that third party are applicable; the customer must agree to these sales conditions when he places his order.
4. Cancellations or warrantee claims for such merchandise are exclusively to be directed to or asserted against the applicable third party. In the event of a cancellation or an assertion of warrantee claims, Ebner Verlag will not further forward the returned merchandise to the third party. Any resulting costs associated with a return of merchandise to the customer may possibly be charged to the customer. In the event of disputes arising between the third party and the customer, Ebner Verlag does not mediate between these two parties.