General Terms and Conditions and Power of Revocation
The publishing group Reise Know-How (c/o Reise Know-How Verlag Peter Rump GmbH, Osnabrücker Str. 79, D-33649 Bielefeld), referred to in the following as "RKH", operates the website www.reise-know-how.de and its pertinent subdomains to distribute books, CDs, software and data files (in the following referred to as "products"). By using the commercial outlets provided on this website the customer acknowledges the General Terms and Conditions specified in the following. In particular while placing an order, the customer will be requested to actively take into account and acknowledge the General Terms and Conditions.
For the sake of clarity, the following General Terms and Condtions are kept concise. All legal circumstances not referred to in the following are regulated by Federal German law.
1. Conclusion of the contract:
By initiating the process of payment for a product, the customer tenders a binding bid to purchase the selected product at the indicated price. Shipment of the product to the customer by RKH or its distribution partners or the release of the product for download constitute a contractual relationship. RKH and its distribution partners offer various methods of payment. For payment by credit card and for online payment, the General Terms and Conditions of the respective payment service providers apply additionally.
2. The customer's rights and obligations:
The customer is obliged to register in the course of the purchasing process. The customer has the obligation to keep their personal access data protected from misuse by others. Should the risk arise that others (a third party) have acquired knowledge of the customer's access data, the customer is obliged to inform RKH by e-mail about this and to have their customer's account blocked without delay. The costs of orders placed by others (a third party) prior to the receipt of this notification by RKH will be charged to the customers.
3. Intellectual property rights / copyright:
The products offered by the web shop are protected by copyright. The customer may use the purchased articles exclusively for private pruposes. It is not allowed to modify the products or to appropriate their contents, to re-use them commercially as a whole or in parts, to re-sell them or re-distribute them in any other form. In particular, it is prohibited to digitalize the product or to make digital products available to the use of third parties on the internet, on intranets, on extranets or by any other means. Public display or any other re-publication of contents, also in excerpts, is subject to prior authorization by the copyright owner. Copyright notices, trademarks and other legal reservations contained in the product may not be removed. Digital maps may used simultaneously only on one private computer and one mobile GPS device. They may not be used on several computers simultaneously and are bound to the customer's version of GPS mapping software.
The customer acquires the non-exclusive, non-transferable right to use the offered products for exclusively personal purposes in the specific way for which these products have been made available, in accordance with the Law on Intellectual Property, The customer is not allowed to copy the data file(s) for a third party and / or to re-sell them to others (OLG [higher-level regional court] Hamm, judgement as of May 15, 2014 – I-22U60/13, 22U60/13).
4. Exclusion of liability:
All information supplied on this website has been gathered with great care and has been handled and checked meticulously by our publishing house's editorial staff. Since content-related or factual mistakes can never be excluded entirely, the publishing house herewith declares that all details and claims are presented without guarantee in the sense of product liability and that the publishing house will not take any responsibility and liability for any mistakes in content and factual claim. RKH offers their own products as well as products supplied by third-party producers. RKH does not assume any liability for products from third-party producers with respect to their correct technical functioning and their contents. Our web site makes use of hyperlinks referring to third parties' web sites. RKH does not assume any liability for the content of such hyperlinked web sites. Should it be brought to RKH's knowledge that such hyperlinked web sites infringe upon valid law, RKH will remove the hyperlink without further delay.
5. Data protection:
The customer is obliged to register in the course of the purchasing process. All personal data and all data relevant to the payment are transmitted via an SSL-secured connection. Customer's data that will be requested and saved are limited to those that are essential to ordering and payment. If shipment and payment are handled by third-party companies (e. g. in the case of payment by credit card), the customer will find in the appropriate place a notice regarding these companies' own data protection regulations. Apart from these cases, customer's data will not be passed on to third parties and will not be used for unsolicited advertising activities. If the customer sends RKH a notification to this respect, their personal data will be deleted following the completion of the purchase.
6. Power of revocation:
6.1. Information on consumers' right of revocation:
As consumer you may revoke the purchase contract within 14 days without specified reasons. The statutory period lasts 14 days.
The statutory period begins
- with the conclusion of a purchase contract on the day you or a third person named by you in advance, who may not be the deliverer, take possession of the delivered goods
- in the case of a purchase contract encompassing different items that the consumer has ordered in a single act of ordering but are delivered separately, on the day you or a third person named by you in advance, who may not be the deliverer, take possession of the last items pertaining to this order
- in the case of a contract on the delivery of goods in several partial consignments or pieces, on the day you or a third person named by you in advance, who may not be the deliverer, take possession of the last partial consignment or the last piece
- in the case of a contract on the periodical delivery of goods during a contractually fixed period of time, on the day you or a third person named by you in advance, who may not be the deliverer, takes possession the first periodical consignment of goods
The revocation claim must be addressed to the distribution partner company which handled the shipment as follows:
- Germinal Medienhandlung GmbH, Siemensstraße 16, D-35463 Fernwald
phone: +49(0)641 41700, fax: +49(0641 943251, E-Mail: email@example.com
Special advice:You have no statutory power of revocation
- in the case of delivery of audio or video recordings (e.g. CDs, video cassettes) or of software inasmuch as the packaging has been unsealed and opened
- in the case of services that have delivered online (e.g. downloadable software)
- in the case of custom-made goods that have been manufactured according to the customer's explicit specificaions or evidently in view of the customer's personal needs or which cannot be sent back due to their particular nature and properties
- in the case of magazine subscription inasmuch as the value of the subscription does not exceed 200 euros, as well as for the delivery of single newspaper, magazine or journal issues
In order to exercise your power of revocation, you must present an unequivocal statement of your decision to revoke the contract. Such a statement may be a letter sent by mail, telefax or e-mail, or may also be made by telephone. You may use the sample revocation statement made available on a website www.reise-know-how.de. However, the use of this sample text is not mandatory.
6.2. Consequences of the revocation:
If you revoke this contract, we will have to reimburse you without further delay all payments we have received from you including the shipment fees (except for additional costs that may have arisen if you opted for a way of delivery other than the least costly, standard delivery terms regularly offered by us). Reimbursement without further delay means within fourteen days at the latest, beginning with the day we have received your statement of revocation. For reimbursement we will use the same method of payment as you used for the original transaction, unless another modality has been explicitly agreed upon. Under no circumstances will fees be charged or deductions made due to this reimbursement. We have the right to decline reimbursement until we receive the goods back or until you provide proof for having sent us the goods back, whichever takes place first. If you are consumer, you have to send us the goods back or to have them handed over to us without further delay and in any case within fourteen days, beginning with the day on which we have received your statement of revocation. The return of the goods to us is considered on due time if you send off the goods before the statutory period of fourteen days elapses. You have to bear the immediate costs of returning the goods. The costs are estimated not to exceed approximately 20 euros.You will have to bear a possible loss in value of the goods only if this loss in value can be proven to be caused by a treatment of the goods that is not appropriate for testing their quality, properties and functioning.
7. Binding character of the fixed book-price agreement:
In Germany and Austria, book retail prices are subject to an official fixed book-price agreement. Consequently, the designated shop prices as of the price tag are not negotiable in these countries. If on RKH's web pages erroneously a wrong prince is quoted, the regular shop retail price in accordance with the fixed book-price agreement applies. If the price quoted on the website is higher than the regular shop retail price in accordance with the fixed book-price agreement, RKH will charge the customer the lower price in accordance with the fixed book-price agreement without further explanation. If the price erroneously quoted on the web page is lower, the customer will be asked prior to delivery whether they are willing to purchase the product at the higher shop retail price in accordance with the fixed book-price agreement.
8. Liability and damaged copies:
Products showing obvious provable damage are readily taken back and exchanged by RKH. If RKH is not able to organize a replacement within a reasonable time-frame, they will present the customer the offer either to cancel the purchase contract or to reduce the purchase price retroactively. The legal warranty period of 6 months applies here.
9. Pricing / Changes to prices:
RKH reserves for itself the right of occasional price changes to its products. If the price of a product is raised after an order of the product has been placed, the customer will be informed about it before delivery and asked whether they are willing to purchase the product at a higher price.
10. Applicable law and place of jurisdiction:
For the legal relationships between RKH and the customers German law applies. The UN convention on Contracts for the International Sale of Goods is excluded here. Place of jurisdiction is Bielefeld.
11. Severability clause:
If one or more provisions of the contract prove invalid, the rest of the provisions shall be considered severed from the invalid provisions and remain valid and fully applicable.
Litigation of online disputes: The EU Commission operates an online platform that gives the oppotunity to settle disputes arising from online issues. This platform can be reached under http://ec.europa.eu/consumers/odr.