General Terms and Conditions
Contractual terms applicable to purchase contracts concluded via the platform https://store.thomashuebl.com
Sharing the Presence GmbH
26203 Wardenburg – Germany
phone +49 (0)4407 716094
fax +49 (0)4407 716095
– in the following referred to as “Provider” –
and users of this platform
– in the following referred to as “Client/Clients” –
Section 1 Scope of Application
(1) The following general terms and conditions shall apply to the business relationship between the Provider and the Client with regard to the goods offered by the Provider (including digital contents) via the online shop “https://store.thomashuebl.com“ (in the following referred to as “online shop”), exclusively in the version which is valid at the time the order is made.
(2) The Client shall be deemed to be a consumer if the purpose of their order can, predominantly, not be attributed to their commercial or professional activity. An entrepreneur means any natural or legal person or a partnership with legal personality who or which, when signing the contract, acts in exercise of their commercial or professional activity.
(3) Deviating terms and conditions of the Client will not be accepted, unless the Provider expressly agrees to their applicability.
Section 2 Conclusion of the contract
(1) The offers of goods contained in the Provider’s online shop shall be subject to change and non-binding.
(2) The Client can select goods in the online shop and collect them in a so-called shopping basket using the button “add to cart”. By using the button “order & pay” the Client places a binding order for the purchase of the goods which are in the shopping basket (order). The Client may change and view the data at any time before sending the order.
(3) The Provider will send the Client a confirmation concerning the receipt of the order placed via the online shop immediately via e-mail (receipt confirmation). The receipt confirmation shall not be deemed to be a binding acceptance of the order, unless such acceptance is declared in the confirmation together with the receipt.
(4) A contract shall only come into effect if the Provider accepts the Client’s order by a declaration of acceptance (order confirmation) or by delivering the ordered goods.
(5) The contracts with the Client shall exclusively be concluded in the German or English language depending on whether the Client places the order via the German or English site of the online shop. If the Client’s order is placed via the German website of the Provider, the German version of these general terms and conditions shall exclusively be decisive. If the Client’s order is placed via the English website of the Provider, the English version of these general terms and conditions shall exclusively be decisive.
Section 3 Delivery, availability of goods, payment terms
(1) If the Provider specified delivery times, they shall be calculated beginning at the time of the order confirmation, provided that prior payment of the purchase price is made (except in the case of purchase on account).
(2) If the goods ordered by the Client are not in stock, the Provider shall immediately inform the Client whether the goods are temporarily or permanently out of stock. If delivery of the goods is not possible, e.g. due to the fact that the respective goods are not in stock, the Provider shall refrain from issuing a declaration of acceptance. In this case, no contract will be deemed to be concluded. If the goods are temporarily out of stock, the information shall at the latest be given together with the order confirmation by stating the expected delivery date. If the delivery should be delayed by more than two weeks from the delivery date, the Client shall have the right to withdraw from the contract. Any payments already made by the Client shall be reimbursed immediately. If goods are permanently out of stock or if a service can permanently not be performed, the Provider shall refrain from issuing a declaration of acceptance. In this case, no contract shall be deemed to be concluded.
(3) Payment of the purchase price shall be due immediately upon conclusion of the contract. If a certain calendar date was specified as due date of the payment, the Client shall be deemed to be in default, if the payment is not made upon expiry of this date.
Section 4 Prices and shipping costs
(1) All prices stated in the Provider’s online shop include the respective applicable statutory turnover tax.
(2) The Client will be informed of the shipping costs in the order form and they shall be borne by the Client, unless the Client exercises a right of revocation to which they might be entitled.
Section 5 Reservation of title
The delivered goods shall remain the property of the Provider until complete payment of the purchase price.
Section 6 Liability
(1) Claims of the Client for compensation of damages shall be excluded. This shall not apply to claims of the Client for compensation of damages arising from an injury to life, body or health or from a breach of essential contractual obligations as well as the liability for any other damage based on an intentional or grossly negligent breach of duty on the part of the Provider, their legal representatives or vicarious agents. Essential contractual obligations are those which enable the proper execution of the contract and the fulfilment of which the contractual partner may regularly rely on.
(2) In the case of a breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if the damage was caused by simple negligence, unless claims of the Client for compensation of damages are concerned which arise from an injury to life, body or health.
(3) The restrictions set out in paragraphs (1) and (2) shall also apply to the benefit of the legal representatives and vicarious agents of the Provider, if claims are directly asserted against them.
(4) The limitations of liability set out in the paragraphs (1), (2) and (3) shall not apply to the extent the Provider fraudulently concealed a defect or assumed a guarantee for the quality of the item. The same shall apply if the Provider and the Client concluded an agreement concerning the quality of the item. The provisions of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
Section 7 Right of withdrawal
(1) Clients who are consumers have a right of withdrawal according to the statutory provisions. The Provider informs about this right of withdrawal here.
(2) No right of withdrawal shall apply to the following contracts:
- Contracts concerning the delivery of goods if they were inseparably mixed with other objects due to their quality after the delivery;
- Contracts concerning audio and video recordings or computer software in a sealed package if the sealing was removed after the delivery; and
- Contracts concerning the delivery of newspapers, periodicals or magazines, apart from subscription contracts.
(3) The Provider informs about the sample withdrawal form pursuant to the statutory regulation.
Section 8 E-books, booklets and audio files delivered in non-physical form – property rights
(1) E-books, booklets (regardless of their form of presentation) and audio files which the Clients receive by means of online transfer from the Provider, i.e. not on a physical data carrier, such as e.g. CDs or DVDs, are protected by copyrights and ancillary copyrights. The Client shall be obliged to respect the existing copyrights and ancillary copyrights and undertakes to refrain from any breach of such rights. The Client shall be entitled to use the contents mentioned in sentence 1 for private purposes. The limits set forth in section 53 of the Act on Copyrights and Related Rights [Urhebergesetz; UrhG] shall be decisive in this regard.
(2) The Client shall not be entitled to amend the contents mentioned in paragraph 1, sentence 1, to reproduce them for third parties, make them accessible, forward, sell or use them commercially in any other form.
Section 9 Final provisions
(1) Subject to the mandatory provisions of the private international law, the contract existing between the Provider and the Client shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the Client is a merchant according to section 1, paragraph 1 of the German Commercial Code (HGB) [Handelsgesetzbuch], a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Client and the Provider shall be Berlin, Germany.
(Version of March 7, 2018)