This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR CONSUMERS
Validity of the GTC
1.1. For all current and future deliveries and other services that Silberbund Verlags GmbH (hereinafter referred to as Silberbund Verlag) provides to its customers as part of its Internet service under the domain silbermund.com as well as on the basis of orders via the Internet or telephone, letter or fax (hereinafter collectively referred to as ” service”), the following general terms and conditions (hereinafter referred to as short: TERMS AND CONDITIONS). These GTC apply to all customers of Silberbund Verlag, provided that they are not entrepreneurs within the meaning of § 1 (2) KSchG (hereinafter referred to as “ customer).
1.2. Terms and conditions of the customer shall not apply unless they have been expressly acknowledged by written confirmation.
Conclusion of contract and prices
2.1. The services offered by Silberbund Verlag are a non-binding invitation by Silbermund Verlag to the customer to make a binding offer for the services. By placing an order, the customer makes such a binding offer. A contract between the customer and Silbermund Verlag is only concluded when Silbermund Verlag has accepted this offer with a separate confirmation or confirmation. If the service (in whole or in part) is not immediately available, the contract with regard to the services that are not immediately available is only concluded when the service is available and the price has not changed to the detriment of the customer.
2.2. The purchase price for the ordered services shall be deemed to have been agreed upon as that resulting from the current information on the website, from brochures or.dem respective offer. All invoices are payable within 14 days without deduction. In the event of culpable default in payment, the default interest shall be 5% per annum. Silbermund Verlag is entitled to assert damages caused by the contractual partner and incurred by him, in particular the necessary costs of appropriate out-of-court debt collection or contribution measures, insofar as these are in a reasonable proportion to the claim pursued.
2.3. The prices quoted in each case are inclusive of the statutory tax, but excluding packaging and/or shipping costs. The amount of the shipping costs including VAT are shown separately in the respective order form. Before submitting the contract declaration, the total costs are displayed.
Delivery
3.1. Goods are delivered at the risk and expense of the customer by post or by a courier or parcel service to the delivery address specified by the customer. Risk and coincidence shall pass to the customer at the time of handover of the object of purchase to the shipper.
3.2. Silbermund Verlag executes orders immediately. If, for special reasons, the prompt execution of an order encounters an unforeseen or unavoidable obstacle, the delivery period may exceed 30 days in individual cases. In the event of unavailability of the object of purchase, this will be communicated to the customer without delay from knowledge, and the seller may withdraw from the contract. Claims of the customer arising from the impossibility of performance of the contract are excluded.
Period of contract
4.1 In principle, the contract ends with receipt of the delivery by the customer. In the case of contracts for recurring services at the end of a calendar year, after the end of the first year of the contract also on 30 June with a one-month notice period, whereby the termination can be pronounced by either contracting party.
Compensation and warranty
5.1. Silbermund Verlag shall only be liable for damages resulting from culpable breach of contract through its own fault or that of a vicarious agent for intent or gross negligence. This does not apply to damage to the person.
5.2. Silbermund Verlag has created and checked its services with the greatest possible care. He will regularly revise and supplement these products. Despite great care, Silbermund Verlag cannot rule out errors in the services.
5.3. Damages and defects must be reported to Silbermund Verlag without unnecessary delay immediately after receipt of the service (delivery).
5.4. Silbermund Verlag remains the owner of the goods sent until full payment has been made.
Withdraw
6.1. The customer has the right to revoke this contract within fourteen days without giving reasons.
6.2 This revocation period begins from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In order to exercise the right of withdrawal, the customer must inform Silbermund Verlag of his decision to revoke this contract by means of a clear declaration (e.B. a letter sent by post, fax or e-mail). In order to comply with the revocation period, it is sufficient that the customer sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
6.3 The opening of welded book goods by the customer automatically leads to the expiry of the right to revoke this contract. In this case, the customer can no longer withdraw from the contract and a return of the goods as well as the refund of the purchase price is excluded in this case.
6.4 In the event of withdrawal (with the exception of point 6.3), Silbermund Verlag will refund the payments made by the customer, less any shipping and packaging costs.
6.5. In the event of withdrawal, the customer must immediately postpone the services received and pay the entrepreneur a reasonable fee for the use, including compensation for a related reduction in the fair value of the service; the transfer of the services into the custody of the consumer is not in itself to be regarded as a reduction in value. The customer is not entitled to a right of retention. Furthermore, the customer must bear the direct costs of returning the object of purchase.
Telephone contact and contact by e-mail
7.1 The customer agrees that Silbermund Verlag and its vicarious agents may automatically determine, store, process and otherwise use his personal data such as first name, last name, postal code, address, telephone number, fax number, e-mail address, Internet address, date of birth and, if applicable, bank details for the purpose of concluding and processing the contractual relationship (Article 6 (1) (a) and (b) GDPR) as well as for its own advertising purposes. electronic mail for advertising purposes.
7.2. The customer can revoke this consent at any time by sending an e-mail to office@silbermund.com.
Granting of rights, copyright
8.1. Upon payment of the full purchase price, the customer receives the non-exclusive right to use content for his own purposes. The contractual partner is not entitled to pass on content to third parties, even if this is done free of charge (copyright of Silbermund Verlag). Silbermund Verlag reserves all other exploitation rights to the content. The sole copyright always remains with Silbermund Verlag.
8.2. Silbermund Verlag reserves the right to assert all claims to which it is entitled, in particular under copyright law, in the event of infringement of rights of use.
Warranty and liability provisions
9.1 Liability for any defects in the purchased item shall be governed by the statutory warranty provisions. However, Silbermund Verlag is initially entitled to replace or replace what is missing. A claim for a price reduction can only be sought after fruitless expiry of a reasonable period of improvement. The defective goods must be returned by the customer immediately. Silbermund Verlag shall only be liable for further claims, in particular for claims for damages of any kind (consequential damages), including loss of profit, damage caused by delay, in the event of intent or gross negligence.
9.2. Verlag Silbermund is also not liable for a specific content of the purchased item, in particular the formal or content-related correctness and legality of the statements contained in texts.
9.3. Unless otherwise stated by law, this exclusion of liability also applies to any liability under the PHG as well as to claims against employees, employees, organs or vicarious agents of Silbermund Verlag.
9.4. Verlag Silbermund assumes no liability for technical faults in the operation of the web shop or the website. He also reserves the right to discontinue operations at any time; however, this is without prejudice to the proper execution of contracts that have already been concluded.
Final provisions
10.1. The place of performance for all services under this contract is Graz.
10.2. For legal disputes arising from this contract, Austrian law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods, the conflict of law rules of the IPRG and Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.
10.3. Changes or additions to these GTC must be made in writing in order to be effective. This also applies to the departure from the written form requirement.