Terms of service
The general terms and conditions of Dr. Cantz'sche Verlagsgesellschaft mbH & Co. KG (DCV) as of May 2020:
§ 1 Scope and contractual partners
Contracts are concluded exclusively on the basis of these general terms and conditions in the version available on the Internet at the time of the order at www.dcv-books.com. They come about between the customer (hereinafter: customer) and Dr. Cantz'sche Verlagsgesellschaft DCV (hereinafter: contractor).
§ 2 Registration
Orders require the client's electronic registration. This must be done using the registration form on the contractor's website. The customer must provide the data required for registration completely and truthfully.
Only persons with unlimited legal capacity are entitled to place orders. The contractor can request the client to present a copy of the identity.
§ 3 Conclusion of contract
The depiction or description of goods and services on the contractor's website does not yet constitute a binding offer or obligation. A binding offer (§ 145 BGB) is only the ordering of the goods or services by the customer, which is triggered by DCV. The acceptance of the contract and the associated conclusion of the contract is carried out by the contractor's written order confirmation. The confirmation of receipt of the order, which is automatically sent by email, does not constitute acceptance of the contract.
§ 4 Delivery; shipping
Unless otherwise agreed, the contractor delivers to the delivery address specified by the client.
§ 5 Prices; shipping costs
Orders are executed at the price valid on the day the order is received. All prices are in euros and include statutory sales taxes. The cost of shipping is not included; the client bears these. Any shipping costs incurred are listed in the description of the goods or services and are shown on the invoice by the contractor. Customs duties for shipping to countries outside the EU have to be borne by the client.
The following applies to editions: You will receive an advance invoice that includes courier costs:
Domestic: 30 euros
Europe: 60 euros
ROW: costs are determined and calculated individually, delivery DAP according to INCOTERMS 2020, costs of customs clearance and import as well as bank fees are borne by the buyer.
We ship after payment against an advance invoice has been made, and the edition has been published.
§ 6 Retention of title
The delivered goods remain the property of the contractor until full payment.
§ 7 Terms of payment
The purchase price / remuneration is due for payment upon conclusion of the contract (GTC § 3). Payment is made at the customer's option using one of the payment methods displayed during the ordering process. Prepayment: If you order in advance, you will receive an advance invoice with our bank details and the purpose of use, which you must specify on your transfer.
§ 8 Right of withdrawal
The client, who is a consumer, has a right of withdrawal without giving a reason. In the event of revocation, the customer must bear the costs of the return if the goods delivered correspond to the ordered ones and have no defects. Otherwise the return is free of charge for the client. The revocation is made informally within a period of 14 days from the delivery date by letter or e-mail to DCV, or by returning the goods. After receipt and inspection of the returned goods, DCV reimburses the payments received from the client.
Books are to be returned to our warehouse:
LKG Leipziger Kommissions- und Großbuchhandlungesellschaft mbH
An der Südspitze 1-12
The following applies separately to editions: the return must be sent by courier at the expense of the customer if the delivered goods correspond to those ordered and have no defects. The contractor must inquire about the return address before returning the goods.
More detailed information on the right of cancellation can be found in the cancellation policy at the end of the Terms and Conditions.
§ 9 Offsetting; retention
The client may only offset legally established or undisputed claims. He is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 10 Complaints / warranties
If the service or the delivered goods are defective, subject to § 11, the statutory warranty provisions apply.
Obvious defects must be reported in writing within 14 days of receipt of the goods. Otherwise the assertion of warranty claims is excluded.
Deliveries (including data carriers, transferred data) by the client or by a third party engaged by him are not subject to the contractor's obligation to check. This does not apply to data that is obviously not processable or unreadable. In the case of data transmissions, the client must use the latest protection programs for computer viruses before sending them. The backup is the sole responsibility of the client. The contractor is entitled to make a copy.
§ 11 Liability
The contractor is liable for culpable injury to life, limb or health and for other damage caused intentionally or through gross negligence, even if the breach of duty is based on the culpable behavior of a legal representative or a vicarious agent. The contractor is also liable for slightly negligent breach of essential contractual obligations, including by his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and the compliance of which the customer can trust. Liability in this respect is limited to the foreseeable, contract-typical damage depending on the type of product. The contractor is ultimately liable for fraudulently concealed defects and a guarantee given for the quality of the goods and for claims arising from the Product Liability Act. Otherwise the liability of the contractor is excluded. This also applies to liability for the constant and uninterrupted availability of the online sales system; Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times, even according to the current state of the art.
§ 12 Limitation
Claims of the customer under warranty become statute-barred subject to §§ 444, 639 BGB in two years, starting with the delivery of the goods. Claims for damages due to defects are limited to one year, starting with the delivery of the goods, unless they give rise to liability in accordance with section 11 subsections 1 to 3. Section 11 subsections 1 to 3 are subject to statutory limitation. Other claims for damages expire after two years. The start of the limitation period is based on the statutory provisions.
§ 13 Data release; archiving
Data, data carriers and similar materials transmitted to the contractor for the execution of the order will not be returned, but will be destroyed after fulfillment of the contract, unless the client agrees with the contractor to archive them in accordance with Paragraph 2 or expressly expresses the wish to return the goods. In this case, the cost of the return shipment is borne by the customer.
The transmitted data, data carriers and similar materials will only be archived by the contractor after express agreement and against special remuneration beyond the time of delivery of the end product to the client or his vicarious agents. If the aforementioned materials are to be insured, the client must do this himself if there is no agreement.
§ 14 Industrial property rights / copyrights
The client is solely liable if the execution of his order violates the rights of third parties, in particular copyright, trademark or patent rights and the like. In such cases, the client must release the contractor from all claims by third parties due to such violations.
§ 15 Data protection
All personal data provided by the client (title, name, address, date of birth, email address, telephone number, bank details, credit card number) are collected, processed and stored by the contractor exclusively in accordance with the provisions of German data protection law.
The customer's personal data, which are necessary for the establishment, content or modification of the contractual relationship, are collected and used - for example for the delivery of goods to the address specified by the customer - exclusively for the execution of the contracts concluded with the contractor and may be used for further purposes within the customer relationship, unless the client objects. In addition, such personal data of the client are collected and used, which are necessary in order to enable and bill for the use of the offers of the contractor. The latter include in particular the features for identification as a user, information about the start and end as well as the scope of the respective use and information about the telemedia used by the client.
§ 16 Applicable Law; place of jurisdiction; final determination
The law of the Federal Republic of Germany applies, excluding the UN sales law. Mandatory provisions of the state in which the client is habitually resident remain unaffected.
If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is the contractor's registered office in Esslingen. The court at the contractor's registered office is also responsible if the client is a consumer and relocates his domicile or usual place of residence abroad after the conclusion of the contract or if the domicile or usual place of residence is unknown at the time the action is brought. In addition, the statutory provisions apply.
Should individual provisions of these general terms and conditions be ineffective, this does not change the effectiveness of the contract.
Right of withdrawal
Customer information and cancellation policy
If you order goods on our website, we would like to draw your attention to the following:
The essential features of the goods we offer and the period of validity of limited offers can be found in the individual product descriptions on our website.
The presentation of our goods does not constitute a binding offer. Only the order of a product by you is a binding offer according to § 145 BGB. The receipt of your order is automatically confirmed by email. If your offer is accepted, we will send you a written order confirmation. This concludes the contract between you and us.
You can recognize any input errors when placing your order in the final confirmation before the checkout and correct it at any time using the delete and change function before sending the order.
The prices given by us are final prices including taxes. Not included are the shipping costs to be borne by you, which are listed in the description of the goods or services. Section 5 of the General Terms and Conditions contains detailed information.
The purchase price / remuneration is due upon conclusion of the contract. The payment of the goods takes place at your choice by PayPal, direct transfer or invoice.
In the event that you are a consumer, you have a right of withdrawal:
Right of cancellation
You can cancel your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the matter is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB as well as our obligations according to § 312e Paragraph 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:
Dr. Cantz'sche Verlagsgesellschaft mbH & Co. KG
The right of withdrawal does not exist if the contractor has to deliver goods that have been made according to the specification of the client or are tailored to his personal needs or goods that are unsuitable for the return due to their nature, can spoil quickly or their expiry date has passed would.
Consequences of withdrawal
In the event of an effective cancellation, the services received on both sides must be returned and any benefits drawn (e.g. interest) surrendered. If you cannot return the received performance to us in whole or in part or only in a deteriorated condition, you may have to compensate us in this respect. This does not apply to the surrender of goods if the deterioration of the goods can only be attributed to their inspection - as you would have been able to do in a shop. For the rest, you can avoid the obligation to compensate for any deterioration caused by the intended use of the item by not using the item as your property and refraining from doing anything that could impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to the ordered ones. Otherwise, the return is free of charge. Editions are to be returned by courier at your own expense if the delivered goods correspond to the ordered ones and show no defects. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
End of revocation
The data required for the execution of the contract between you and us is stored by us and is accessible to you at any time. In this regard, we refer to the regulation of data protection in our Terms and Conditions.
For the rest, we refer to our general Terms and Conditions.