General Terms and Conditions, Cancellation Policy and Disclaimer
§ 1 Scope of application
The business relationship between G.P. Probst Verlag GmbH (hereinafter referred to as "Publisher") and the Customer shall be governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of the order. The Publisher does not recognize any deviating terms and conditions of the Customer, unless the Publisher has expressly agreed to their validity in writing.
§ 2 Conclusion of contract
The order is placed by submitting the fully completed order form. With the order, the customer bindingly declares that he wishes to purchase the goods. The purchase contract is only concluded when the publisher sends the ordered product to the customer. The information on goods and prices corresponds to the respective valid sales price. Prices are subject to change and errors excepted. The publisher makes every effort to avoid errors in its offers (i.e. website and price list).
§ 3 Right of withdrawal
For private customers: Consumers are entitled to a right of withdrawal. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
Right of withdrawal
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be addressed to:
G.P. Probst Verlag GmbH
In den Rauten 3
Tel.: 05295 / 99 57 81
Fax: 05295 / 93 02 69
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. By “testing the properties and functionality” we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or if, in case of a higher price of the goods, you have not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
END OF THE LEGAL RIGHT OF REVOCATION
A right of revocation does not exist for goods that have been manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
Furthermore, a right of revocation does not exist for distance contracts for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by the consumer.
Furthermore, a right of withdrawal does not apply to the conclusion of magazine subscriptions, provided that the value of the subscription does not exceed 200 euros, as well as to the delivery of individual newspapers, magazines and periodicals.
§ 4 Subscriptions
- EuroAmusement Professional – the trade magazine – is published 6 times a year in the odd months. The subscription includes unlimited access to the electronic issue archive as well as to all contents and functions of our website. Subscribers also have the option of receiving a free summary of our industry news via our newsletter.
- the customer will find the total price of the corresponding subscription including VAT and shipping costs in the order process and in the subsequent invoice/order confirmation.
- The duration of the subscription is 12 months/6 issues. The subscription period is extended by one year at a time if the publisher does not receive a written cancellation 8 weeks before expiration of the subscription.
- The regular annual subscription includes the postal delivery of the current print issues to the specified delivery address, with simultaneous unrestricted access to the electronic issue and the issue archive.
- The online subscription includes unrestricted electronic access to the issue archive as well as to all content and functions of our website.
- A valid certificate of enrollment is required for the student subscription. Please contact our reader service for this special form of subscription: firstname.lastname@example.org.
§ 5 Reservation of unavailability
We reserve the right to refrain from fulfilling your order if we no longer have the ordered title in stock, the title in stock is out of print at the publisher and the ordered goods are consequently not available. In this case we will inform you immediately about the unavailability and refund any purchase price already paid by you without delay.
§ 6 Prices
- The prices at the time of the order shall apply. Our prices are final prices in Euro. They include the statutory value added tax. We shall deliver the magazine issues and books ordered and available for delivery promptly to the address specified by you.
- Orders received by the publisher from abroad will be executed exclusively against advance invoice and advance payment. In this case, the respective valid foreign shipping rate will be applied. Payment in advance must be made by bank transfer. Delivery will be made immediately after receipt of payment. Orders from abroad may incur additional costs for customs or import fees in the country of destination. These costs shall be borne entirely by the customer. The publisher has no influence on such possible fees and their amount.
§ 7 Return costs
In the event of a revocation (§ 3), you as the customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the event of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation.
§ 8 Terms of payment and delivery, retention of title
- The basis are the prices and conditions valid at the time of the order.
- The delivered goods remain the property of the publisher until payment has been made in full. The extended retention of title shall apply.
- In the event of late payment, the publisher is entitled to charge reminder fees in addition to the currently permissible interest on arrears.
- The publisher reserves the right to agree with the customer on a permanent advance payment in individual cases. In addition, the publisher is entitled to stop the execution of an order if the customer is in arrears with the payment for previous orders.
- For customers from Germany: We generally recommend the use of the direct debit procedure, which is advantageous (and also secure!) for all parties involved. For this purpose, please completely fill out the form offered for the direct debit procedure, which you will come across during the ordering process, and send it to us.
5.1 In case of return or non-redemption of a direct debit, you, the customer, hereby irrevocably authorize your bank to inform us of your name and current address. In the event of non-redemption of a justifiably existing debt, the resulting costs and fees shall be borne by you in full.
5.2 Unless otherwise agreed in writing in advance, the invoice is to be paid without deduction within 14 days of the invoice date.
- For customers from abroad applies: orders are executed exclusively against advance invoice and advance payment. The advance payment is made by bank transfer. Bank transfers from abroad must be made in accordance with the publisher's international bank numbers (IBAN and SWIFT BIC) – these are clearly indicated on the invoice. Otherwise, i.e. in the case of transfer without application of the international bank numbers, the customer will be charged the considerable bank fees incurred by us.
6.1 In the case of orders from abroad, additional costs may be incurred for customs or import fees in the country of destination. These costs shall be borne entirely by the customer. The publisher has no influence on such possible fees and their amount.
§ 9 Offsetting, Retention
The customer shall only have a right of set-off if his counterclaims have been legally established or acknowledged by the publisher. The customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same legal relationship.
§ 10 Warranty
If there is a defect in the purchased item, the statutory warranty provisions of §§ 434 ff. BGB SHALL APPLY. However, the publisher shall not be liable for consequential damages or possible loss of profit.
§ 11 Data protection
- Personal data of the customers will only be collected in accordance with the legal regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
- Your personal data will be used by us exclusively for purposes related to your order (order processing), such as for information on your order status and / or delivery status and for internal customer analysis.
- We treat personal data as confidential. There is no disclosure of data to third parties, except for the execution of orders and in cases of general prosecution, if this is necessary or required.
- The orderer agrees expressly to the collection, processing and use of the data received in connection with the business relation.
- Please also refer to our data protection declaration for further information.
§ 12 Property rights of third parties
All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published content and objects created by the publisher himself remains solely with the publisher of the pages. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the publisher's agreement.
§ 13 Applicable law and place of jurisdiction
- German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if orders are placed from abroad or deliveries are made to foreign countries. The place of jurisdiction for all claims in connection with orders placed by the customer shall in all cases be Paderborn, the competent place of jurisdiction for G.P. Probst Verlag GmbH. The publishing house is also entitled to take legal action at the customer's general place of jurisdiction.
- If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court in Paderborn responsible for our registered office (Lichtenau i. Ostwestfalen).
- Summonable address in case of a legal dispute: G.P. Probst Verlag GmbH, In den Rauten 3, 33165 Lichtenau.
- Should a part of a contract under these conditions be or become invalid, the validity of the rest of the contract shall not be affected.
§ 14 Disclaimer for links to other Internet sites
In its decision of May 12, 1998, the Regional Court of Hamburg ruled that the inclusion of links also leads to co-responsibility of the material offered via these links. This can be prevented – so the regional court – only by the fact that one dissociates oneself as an operator of the Internet side, which attaches left to other Internet sides, from these contents expressly. We have placed links to other sites on the Internet. The following applies to all such links: We have no influence whatsoever on the content or design of the linked pages. Therefore we dissociate ourselves hereby expressly from all contents of all sides, which are linked from our sides. This disclaimer applies to all links on our pages and to the content of all pages to which the links refer.
§ 15 Dispute resolution
For the out-of-court settlement of consumer disputes, the EU provides an online platform: https://ec.europa.eu/consumers/odr/
In accordance with § 36 VSBG, we would like to point out that we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and do not participate in a dispute resolution procedure before a consumer arbitration board.
Status: May 2023