Refund policy
§ General
All current and future business relationships with BUXUS EDITION of the non-profit BUXUS STIFTUNG gGmbH (hereinafter referred to as BUXUS EDITION) are based exclusively on these terms and conditions in the version current at the time of the customer's order. Changes to these terms and conditions and the validity of deviating terms and conditions require the express written consent of BUXUS EDITION.
BUXUS EDITION is a platform that offers the entire range of books. In addition to these terms and conditions, the respective terms of use of the respective publishers and suppliers may therefore apply to individual products. These are available on the product page with the respective product information, if applicable.
§ Conclusion of contract
The customer can select products. By clicking on the ‘Place order’ button, the customer submits a binding order for the products they have selected. Before submitting the order, the customer can change and view the data at any time. However, the order can only be submitted if the customer has accepted these terms and conditions by clicking on the ‘Accept terms and conditions’ button.
The product presentation on the homepage of BUXUS STIFTUNG gGmbH (www.buxus-stiftung.de) is merely an invitation to submit an offer. By submitting an order, the customer makes a binding offer, which BUXUS EDITION reserves the right to accept. The customer will be informed immediately by email when their order is received. The order confirmation is automatic and does not constitute acceptance of the contract. A contract is concluded when BUXUS EDITION accepts the offer submitted by the order by means of an order confirmation. If no order confirmation is issued, the contract is concluded when the published works are sent.
We reserve the right to refrain from executing your order for publications that are out of stock, not yet available or not yet published. The latter will be marked for later delivery. Delivery will be made without further consultation upon publication. Partial deliveries are possible. In this case, the customer will receive a separate confirmation of the delivery dates. This does not constitute a guarantee of a specific delivery date.
§ Right of withdrawal for contracts for the delivery of goods
Consumers have a 14-day right of withdrawal. Cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier,
a) took possession of the goods, if you ordered one or more goods as part of a single order and these are delivered together; b) took possession of the last goods, if you ordered several goods as part of a single order and these are delivered separately; c) have taken possession of the last partial shipment or the last item, if you have ordered goods that are delivered in several partial shipments or items; d) have taken possession of the first goods, if goods are delivered as part of an order for regular delivery of goods over a fixed period of time.
To exercise your right of withdrawal, you must inform us, BUXUS EDITION of the non-profit BUXUS STIFTUNG GmbH, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. If you make use of this option, we will immediately send you (e.g. by email) confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us (BUXUS EDITION der gemeinnützigen BUXUS STIFTUNG GmbH, Lyrenstraße 13, 44866 Bochum) immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties and functionality.
Exclusion of the right of withdrawal
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
a) Contracts for the delivery of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery;
b) Contracts for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts;
With regard to the form of revocation, we refer to the PDF ‘Revocation’, which can be printed out and sent by post.
§ Prices, shipping costs, quantity discounts
All prices quoted by BUXUS EDITION are total prices in euros. They include the applicable statutory value added tax and other price components. Delivery, shipping costs or other costs are calculated as follows:
For shipping within Germany, Switzerland and Austria for individual orders, a flat rate of €4.50 is charged regardless of the order value, but no additional freight, delivery or shipping costs or other costs are charged. For shipping to other countries in the European Union and the European Economic Area, a flat shipping fee of €7.50 per delivery will be charged; for deliveries to countries outside the European Union, a flat shipping fee of €15.00 will be charged. Any customs duties and taxes payable in accordance with applicable laws shall be borne by the customer.
For price-controlled products, the prices set by the publisher in accordance with the Book Price Fixing Act are legally binding. Deviations are generally not permitted by law. Price deviations due to data supplies or recording errors cannot be ruled out. In this case, the prices according to the Book Price Fixing Act still apply.
If a customer purchases large quantities of ONE title, e.g. as a gift for friends or employees, we or the retail book trade will grant the end customer a volume discount on the retail price in accordance with the following scale: 25-49 copies: 8%; 50-99 copies: 10%; 100 copies or more: 12%.
§ Delivery
Bookshops and other resellers, such as book tables, are supplied on the terms customary in the industry. Please request our detailed delivery terms for resellers by email (info@buxus-edition.de). All deliveries are made at the expense and risk of the customer. The delivery time is between 3 and 7 working days. BUXUS EDITION does not provide any compensation for lost or damaged deliveries.
§ Warranty
All goods from our shop are subject to statutory warranty claims. The customer, as a consumer, is obliged to check the entire delivery immediately upon receipt. Complaints and objections regarding defects and other faults that were obvious upon delivery must be made by the customer to BUXUS EDITION in writing or by email within a period of 8 days of receipt of the delivery, enclosing the relevant invoice. Otherwise, the assertion of warranty claims is excluded. If the customer is not a consumer, the delivered goods are deemed to have been approved in this case. In all other respects, §§ 377f. HGB (German Commercial Code) apply accordingly. BUXUS EDITION provides warranty for defects by repair or replacement.
§ Warranty
All goods from our shop are subject to statutory warranty claims. The customer, as a consumer, is obliged to check the entire delivery immediately upon receipt. Complaints and objections regarding defects and other faults that were clearly visible upon delivery must be submitted by the customer to BUXUS EDITION in writing or by email within 8 days of receipt of the delivery, enclosing the relevant invoice. Otherwise, the assertion of warranty claims is excluded. If the customer is not a consumer, the delivered goods are deemed to have been approved in this case. In all other respects, §§ 377f. HGB (German Commercial Code) apply accordingly. BUXUS EDITION shall remedy defects by repair or replacement at its discretion. Multiple repairs are permissible. If the repair or replacement fails after a reasonable period of time, the customer may, at their discretion, demand rescission or a reduction in price.
§ Data protection
The personal data required for orders or enquiries, such as name, telephone number, address or email address, will not be passed on to third parties. We use your email or postal address to inform you about the status of your order, to ask questions or to send you the goods you have ordered. We may use your data to send you information in the future (e.g. the BUXUS FOUNDATION newsletter by email or a printed programme selection by post). If you do not agree to receive information from us, please let us know.
§ Liability
BUXUS EDITION is only liable for intentional and grossly negligent breaches of duty by itself, its legal representatives or vicarious agents. In the event of a slightly negligent breach of a primary obligation, BUXUS EDITION is only liable up to the amount of the typical foreseeable damage and insofar as the positive interest has been violated. The typically foreseeable damage amounts to a maximum of twice the order value for the contract underlying the event giving rise to liability. These exclusions and limitations of liability do not apply to damage resulting from injury to life, limb or health.
Other claims for damages by the customer are excluded. The provisions of the Product Liability Act remain unaffected. The aforementioned limitations of liability also apply in favour of the legal representatives and vicarious agents of BUXUS EDITION of the non-profit BUXUS STIFTUNG gGmbH if claims are asserted directly against them.
§ Terms of payment
The delivery of goods is generally made against payment on account.
The invoice amount is due for payment without deductions at the time specified by the publisher. If the buyer is in default of payment, BUXUS EDITION is entitled to charge default interest at a rate of 4% above the applicable discount rate of the Deutsche Bundesbank. If the customer is in default of payment of an invoice, all other invoices become due immediately.
In justified exceptional cases, BUXUS EDITION reserves the right to deliver to customers, such as those who have not fulfilled a previous payment obligation or have not fulfilled it properly, only against advance payment.
The customer may only offset counterclaims that have been legally established, are undisputed or have been recognised by BUXUS EDITION. The customer may only assert a right of retention on the basis of counterclaims that are based on the same contractual relationship and are undisputed or have been legally established.
§ Retention of title
BUXUS EDITION retains title to all published works delivered in contracts with consumers until the purchase price has been paid in full, and in contracts with customers who are not consumers until all claims arising from the business relationship with this customer have been settled. Pledging or transfer by way of security is not permitted. Any seizure by third parties must be objected to immediately and BUXUS EDITION must also be notified immediately. The intermediary is entitled to resell the goods in the ordinary course of business. The reseller is obliged to sell price-controlled publications at the sales prices (retail prices) set by the publisher. All prices quoted include the applicable value added tax in Germany, Austria and Switzerland.
§ Retention of title
BUXUS EDITION retains ownership of all published works delivered in contracts with consumers until the purchase price has been paid in full, and in contracts with customers who are not consumers until all claims arising from the business relationship with this customer have been settled. Pledging or transfer by way of security is not permitted. Any seizure by third parties must be objected to immediately and BUXUS EDITION must also be notified immediately. The intermediary is entitled to resell the goods in the ordinary course of business. The reseller is obliged to sell price-controlled publications at the sales prices (retail prices) set by the publisher. All prices quoted include the applicable value added tax in Germany, Austria and Switzerland.
§ Returns
Returns of fixed-price publications are only possible in justified exceptional cases and require the written consent of BUXUS EDITION, which must be enclosed with the return shipment. The return request must contain the purchase details. A prerequisite for any return is that the publications are in a saleable condition and are not editions or print runs that the publisher no longer supplies. The decision on saleability is made solely by BUXUS EDITION. Publications bearing price markings, customer labels or inventory notes are considered unsaleable. Returning the items does not release the customer from their payment obligation.
§ Complimentary copies and review copies
Complimentary copies are not provided. Review copies can be ordered from BUXUS EDITION by email. To ensure free delivery, please provide the name of your newspaper/magazine.
Ordering a free review copy obliges the reviewer to inform BUXUS EDITION of the review by sending a corresponding review receipt. If such a receipt is not received by the publisher within six months of the delivery date, BUXUS EDITION is entitled to charge for the title as normal.
§ Online settlement of consumer disputes
The ODR Regulation (Online Dispute Resolution) aims to create an independent, impartial, transparent, effective, fast and fair out-of-court means of dispute resolution. The online dispute resolution platform (ODR platform) for consumers pursuant to Article 14(1) of the ODR Regulation can be accessed at http://ec.europa.eu/consumers/odr. We would like to draw your attention to this.
§ Place of jurisdiction and place of performance
To the extent permissible, Munich shall be the place of jurisdiction and place of performance for all claims arising from the contractual relationship with BUXUS EDITION. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is also Munich.
§ Final provisions
The substantive and applicable law of the Federal Republic of Germany shall apply. The customer's order data will be stored in compliance with the BDSG (Federal Data Protection Act). Should individual provisions of the contract between BUXUS EDITION and the customer, including these General Terms and Conditions, be or become invalid in whole or in part, or should there be a loophole herein, this shall not affect the validity of the remaining provisions. The non-exercise of rights by BUXUS EDITION – even over a longer period of time – does not entitle the customer to invoke the waiver of these rights by BUXUS EDITION or forfeiture.
Eschenlohe, 7 November 2020
