The Idealist (Logo)

 

 

 

 

 

 

 

 

 

 
 

german version German Version

 

General Terms and Conditions

 

Section 1 General Provisions

These are the General Terms and Conditions of Idealist Publishing Inh. Martin Lewicki, Torstrasse 104, 10119 Berlin, hereinafter “Seller.”

The business relationship between Seller and Purchaser is governed exclusively by the following General Terms and Conditions in the version in effect on the date the order is placed. Any conflicting terms and conditions of Purchaser are hereby rejected by Seller, unless such terms and conditions have been expressly accepted by Seller in writing.

The agreement between Seller and Purchaser is made subject to the following terms and conditions. These terms and conditions apply to many different agreements and, thus, to each agreement between Seller and Purchaser. By placing an order, Purchaser expressly accepts and agrees to be bound by these General Terms and Conditions. The purpose of the Idealist online shop is to sell works published by Seller to consumers via the Internet. A consumer is any natural person that enters into a legal transaction for a purpose not related to the business or profession of that person (German Civil Code (BGB) § 13).

 

Section 2 Offer and Acceptance

Seller’s online offer is not a binding offer to enter into a purchase agreement, but rather an invitation to make an offer. To make an offer to purchase products from Seller, Purchaser can either send an order to Seller by e-mail or place an order directly in the online shop. An order sent by e-mail is a binding offer and will result in a legally binding contract as soon as the offer is accepted by Seller.

For online purchases made in the online shop, the products which Purchaser intends to purchase will be deposited in a virtual shopping cart. The customer can access the shopping cart and make changes by clicking on the appropriate button on each page. Purchaser then enters his personal data and chooses a payment method. Prior to confirming the order, the customer has the opportunity to review and change the order one more time or to cancel the order. By clicking on the button “I accept the General Terms and Conditions” Purchaser confirms that Purchaser has read and understood these General Terms and Conditions and at the same time accepts and agrees to be bound by these General Terms and Conditions. By clicking on the button “Place order”, the customer places the order and thereby makes a binding purchase offer. An e-mail is then automatically generated and sent to Purchaser to confirm receipt of the order, which, in and of itself, does however not result in a binding contract. A binding contract will not result until the offer is accepted by Seller. To accept the offer, Seller may confirm to Purchaser in writing that that the order is being processed or that the ordered products will be delivered, or ship the ordered products to Purchaser. The contract is subject to the contract and commercial law applicable in the territory where Seller is domiciled, i.e., German law. The contract (order details and General Terms and Conditions) will be electronically stored by Seller. Storage is however only temporary and Purchaser has no access to stored data. Purchaser is responsible for printing out or independently saving the order/order confirmation.

 

Section 3 Pricing and Shipping Costs

All quoted prices are final prices and are binding for Purchaser. Final prices already include legal VAT. Shipment will be made by DHL and is free of charge within Germany. Within the EU (outside Germany), Purchaser will be charged shipping costs in the amount of EUR 5.90. For international shipments outside the EU, Purchaser will be charged shipping costs in the amount of EUR 10.90. Purchaser is responsible for payment of all shipping costs.

 

Section 4 Payment Terms

Purchaser may choose any of the following payment methods:

1. Prepayment by wire transfer to Seller’s business account
2. PayPal transfer to Seller’s PayPal account
3. Credit card payment via PayPal to Seller’s PayPal account
4. Payment via Moneybookers to Seller’s Moneybookers account

4.1      Prepayment

You transfer the total amount due for the order to our bank account, referencing the issue number of the ordered issue. After receipt of payment the product will be promptly shipped to the address you have specified for delivery.

Account holder: Martin Lewicki
Bank: Berliner Volksbank
Account number: 2266076005
Bank code: 10090000
IBAN:  DE92 1009 0000 2266 0760 05
BIC: BEVODEBB
Reference: Idealist issue number

Payment is due within 14 business days from receipt of the confirmation e-mail resulting in a binding contract. If Purchaser is late with payment, Seller may impose late charges in the amount of 5% above the base interest rate per annum as published by the European Central Bank.

4.2      PayPal

You transfer the total amount due for your order to our PayPal account.
All fees are paid by Seller. After receipt of payment, the product will be promptly shipped to the address you have specified for delivery.

4.3      Credit card payment via PayPal

You charge the total amount due for your order to your credit card. All fees are paid by Seller. After approval of your credit card, the product will be promptly shipped to the address you have specified for delivery.

4.4      Moneybookers

You transfer the total amount due for your order to our Moneybookers account. All fees are paid by Seller. After receipt of payment, the product will be promptly shipped to the address you have specified for delivery.

 

Section 5 Reservation of Title

5.1 For consumers

Seller reserves title to all delivered products until receipt of full payment.

5.2 For commercial enterprises (German Civil Code (BGB) § 14)

The following additional terms and conditions apply to commercial enterprises:

  • Seller reserves title to all delivered products until full settlement of all claims arising from the ongoing business relationship. Before title to the secured goods transfers to Purchaser, the product may not be pledged or assigned as security to third parties.

 

  • Purchaser has the right to resell secured products in the ordinary course of business. Purchaser hereby assigns to Seller, in each in the invoice amount, all claims arising from any resale of secured goods. Seller hereby accepts the assignment. Purchaser shall be authorized to continue to collect claims arising from the resale of secured goods. Seller reserves the right to collect claims directly, if Purchaser fails to meet its payment obligations when due.

 

Section 6 Shipment

If Purchaser is a consumer within the meaning of German Civil Code (BGB) § 13, Purchaser is requested to inspect the products for completeness, obvious defects and shipping damage upon delivery, and to register any complaints with Seller and the carrier as soon as possible. Purchaser’s warranty claims shall remain unaffected thereby. If Purchaser is a consumer, the risk of accidental loss of or damage to the product during shipment shall not transfer to Purchaser until the product is delivered to Purchaser. Seller shall assume the risk for shipping products without insurance coverage. If Purchaser is a commercial enterprise (German Civil Code (BGB) § 14), products will be delivered and shipped at the risk of Purchaser.

 

Section 7 Notice of Cancellation Right

Cancellation Right

You may cancel your order within 14 days with or without any reason by providing written notice of cancellation to Seller (e.g., by letter or e-mail) or, if the product is delivered prior to expiration of the 14-day period, by returning the product. The 14-day period begins to run upon receipt of this written notice of cancellation right, but not before the product has been received by the recipient and not before we have complied with our disclosure obligations under Art. 246 § 2 in conjunction with section 1 para. 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) and also not before we have complied with our obligations under § 312e para. 1 sent. 1 of the German Civil Code (BGB) in conjunction with Art. 246 § 3 of the Introductory Law to the Civil Code (EGBGB). Cancellation is timely as long as the notice of cancellation is mailed or the product is returned prior to expiration of the 14-day period. Notice of cancellation shall be mailed to:

Idealist Publishing Inh. Martin Lewicki
Torstrasse 104
10119 Berlin

or e-mailed to: martin.lewicki@idealist-art.com

Consequences of cancellation

In the event of valid cancellation all products, payments or other benefits (e.g., interest) received by a party as a result of the transaction shall be returned, refunded or remitted to the other party. If you are unable to return products in whole or in part or can return products only in damaged condition, you are obligated to indemnify us for the loss in value. The foregoing does not apply to the delivery of goods, if damage is due solely to an inspection of the products, such as you would, for example, have been able to perform in a store. You can avoid any obligation to indemnify us for damage resulting from intended use of the product by refraining from treating the product as your property and by refraining from any action that may adversely affect the value of the product. Products that can be shipped by parcel service are to be returned to us at our cost and risk. Products that cannot be shipped by parcel service will be picked up from you. Any indemnity or refund obligations must be performed within 30 days. The 30-day period begins to run, for you, from the date notice of cancellation is sent or the product is returned and, for us, on the date the notice or product is received.

End of notice of cancellation right.

 

Section 8 Warranty

If a purchased product is defective, Seller’s warranty liability will be governed by applicable law. Any assignment of Purchaser’s warranty claims is hereby excluded.

If Seller renders remedial performance by delivering a replacement product, Purchaser shall return the original product to Seller at the cost of Seller within 30 days. Defective products shall be returned in accordance with applicable law. Seller reserves the right to seek damages in accordance with applicable law.

The limitation period shall be two years from delivery.

Seller is subject to unlimited liability for any damages caused by willful or grossly negligent actions or omissions. In addition, Seller is liable for any material breach of contract resulting from slight negligence, i.e., any breach that jeopardizes achievement of the contractual purpose, or any breach of obligations the performance of which is essential to the due performance of the agreement as a whole and on the performance of which you may reasonably rely. In such case the Seller shall however be liable only for reasonably foreseeable damages. Seller assumes no liability for any immaterial breaches of contract resulting from slight negligence, nor is Seller liable for any breaches of contract resulting from slight negligence other than those referenced in the foregoing sentences.

The foregoing limitations of liability shall not apply to any harm to life, limb or health, any defects in breach of a warranty of a particular quality of the product, or any fraudulently concealed defects. Seller’s liability under the German Product Liability Act shall remain unaffected thereby.

To the extent that liability of Seller is excluded or limited hereunder, the same shall also apply to the personal liability of Seller’s employees, agents and representatives.

 

Section 9 Place of Performance, Jurisdiction

The agreement between Seller and Purchaser, including these General Terms and Conditions, shall be governed by German law with the exception of the provisions of the UN Convention on Contracts for the International Sale of Goods. The foregoing provision applies to consumers only if it does not deprive the consumer of protection available under provisions of mandatory law applicable in the country where the consumer has his habitual abode. If the customer is not a consumer, but rather a merchant, legal entity or public special fund, the place of performance for all obligations arising from the business relationship with the customer, as well as the place of jurisdiction shall be the location of Seller’s registered office. The same shall apply, if the customer has no general place of jurisdiction in Germany or the EU or if the customer’s place of residence or habitual abode is not known at the time legal action is filed. The right to file legal action in a different court of competent jurisdiction shall remain unaffected thereby.

 

Section 10 Severability

If any provision of these General Terms and Conditions is invalid, the remaining provisions shall remain unaffected thereby. Any invalid provision shall automatically be replaced by such valid provision as most closely reflects the economic intent and purpose of the original provision. The foregoing shall apply, mutatis mutandis, if any provision has been inadvertently omitted.